People v. Muldoon

2 Park. Cr. 13
Court Of Oyer And Terminer New York·Decided July 16, 1823·Published

Opinion

Walworth, Circuit Judge.

The prosécutor' must produce the mittimus to show the prisoner wds legally in his custody. For aught that appears, the prosecutor was illegally detaining the prisoner, and if so, he had á right to resist any attempt of the prosecutor to restrain him of his liberty.

The mittimus was not produced, and the prisoner was acquitted.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Muldoon, 2 Park. Cr. 13 (N.Y. Ct. App. 1823).

2 Park. Cr. 13 (People v. Muldoon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.