Matter of Klein

2 Citing cases

  1. People v. Harris

    182 Misc. 787 (N.Y. Sup. Ct. 1944)   Cited 9 times

    Unquestionably, defendants have been thwarted in their efforts to obtain an early trial. ( Matter of Klein, 17 Misc. 107.) It is no answer to say that two have been paroled in the custody of their counsel while the third is at large on bail, since they are still constructively in the custody of the law.

  2. People ex Rel. Burke v. McLaughlin

    77 Misc. 13 (N.Y. Sup. Ct. 1912)   Cited 4 times
    In People ex rel. Burke v. McLaughlin, 77 Misc. 13, where the relator applied for his discharge upon habeas corpus asserting that his indictment was unlawful because found without sufficient evidence, Mr. Justice Stapleton said: "A prisoner may not be discharged from custody by a tribunal without power to vacate the order of commitment or to dispose of the indictment upon which it was issued.

    The Supreme Court, in 1841, in People v. McLeod, 1 Hill, 376, 25 Wend. 483, decided that in no case, in a hearing in habeas corpus proceedings, will the court go behind the indictment to inquire into the merits. The authority of that determination has been unquestioned by the bench, has for over seventy years been accepted as establishing a guiding principle for the bar, and has provoked, so far as I am aware, no dissent, except in the Matter of Klein, 17 Misc. 107, cited by the learned counsel for the relator, and in People ex rel. Pickard v. Sheriff, 11 Civ. Pro. Rep. 172, 179. It is true that in Matter of Klein there are some instructive observations by the learned writer of the opinion which compel respect and reflection, but which can hardly be claimed to be essential to the conclusion at which he arrived.