Colvin v. Morgan

Decided July 15, 1800

New York Supreme Court · decided 1800-07-15

The defendant in this cause moved to be discharged from the arrest, on the ground that, being a member of the assembly, he was arrested within fourteen days after leaving the legislature, but he did not state whether he had reached his home or not, at the time of the arrest.

Relies on Jackson ex dem. Peek v. Peek

Decided 1800-07-15

Per Curiam.

¶1If the defendant arrived at his home within the fourteen days, and before the arrest, the reason of his privilege, and, of course, the privilege itself ceased. (Rev. Laws of N. Y. vol. 1, p. 133.) As the defendant does not state where he was at the time he was arrested, the motion must be denied, with eosts.(a)

¶2Rule refused.

¶3 S. P. Corey v. Russell, 4 Wend. 305; Gra. Prac. 3d ed. 133, 134; see 1 R. S. 154, § 6, 7, 8, 9.