# People Ex Rel. Atkins v. Jennings

> New York Court of Appeals · May 1, 1928 · 248 N.Y. 46

URL: https://www.frixlaw.com/law-library/cases/3626037

## Case

- **Full name:** The People of the State of New York Ex Rel. Burd R. Atkins, Respondent, v. Edgar S. Jennings, as Warden of the State Prison at Auburn, Appellant
- **Court:** New York Court of Appeals
- **Decided:** May 1, 1928
- **Citations:** 248 N.Y. 46; 161 N.E. 326; 1928 N.Y. LEXIS 1221
- **Precedential status:** Published
- **Opinion:** Dissent by Crane
- **Judges:** Crane, Pound
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3626037

## Opinion text

Crane, J.
(dissenting). I dissent. When it appeared that the relator was convicted and sentenced for larceny to State prison in Michigan for a possible five years, it can hardly be that the crime was a misdemeanor if committed here. If it were the prisoner could have shown it. He remained silent although he had a hearing.
Cardozo, Ch. J., Lehman, Kellogg and O’Brien, JJ., concur with Pound, J., Crane, J., dissents in memorandum; Andrews, J., not sitting.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3626037. Public record. Not legal advice.