36 N.Y.S. 723 | N.Y. Sup. Ct. | 1895
In the petition of the relator for a writ of habeas corpus, it is alleged that he is held on a commitment issued by the police justice of the city of Syracuse, and that such commitment is illegal and void. There is no specification of any defect, except that it is dated March 15, 1885. A copy of the commitment is attached to the petition, and, on its face, it is quite apparent that the year of the date should be 1895, and that the defect was only .clerical. No point is made as to this on this appeal, or that there is any other defect upon the face of the paper. Nor is it claimed that the police court did not have jurisdiction to try the -relator and issue the commitment, or that the commitment is insufficient. The main point seems to be that there was no proper judgment in the police court. By section 721, Code Cr. Proc., which relates to proceedings in
“The statute does not require that any judgment should be entered In the-minutes of the court. In short, there is but one mode of rendering judgment, and that is by pronouncing sentence. And there is but one record of the judgment, and that is the certificate of the sentence pronounced.”
The police court was not a court of record, and the provisions of section 721 et seq. were evidently intended to provide for the form and preservation of its judgments. It is reasonable to presume that the certificate set out in section 721 was designed to be the record, of the conviction. If so, as the police justice had, concededly, jurisdiction of the person and subject-matter, the relator had no basis for relief on a writ of habeas corpus. The evidence, therefore, as tow'hether the record kept by the clerk of the police justice was insufficient or incomplete, was not important. Nor is it material to inquire whether the police justice had a right, after the present proceedings were'commenced,-to correct the minutes of his clerk, and make them conform to his own. If the county judge erred in his rulings in regard to evidence on these subjects (1 Crary, Prac. [3d Ed.]' 387; Hurd, Hab. Corp. [2d Ed.] 304), the relator was not prejudiced.
Order affirmed. AH concur.