5 Cow. 273
Decided February 15, 1826
New York Supreme Court · decided 1826-02-15
Smith was committed on this warrant: “ Police Office, city of Albany. The gaoler will receive, and safely keep for farther examination, George W. Smith, who is charge1 having been engaged in, or accessory to a robbery of the United States mail. March 14, 1826. J. O. Cole, Jastice of the peace.” The warrant was not sealed. March 16th. The prisoneivbeing brought up by habeas corpus. J. V. N. Yates moved, that he be discharged.
Cited by 2 later decisions — most recently January 1879
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1826-02-15
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¶1If here had been unreasonable delay, that Avould he a ground of discharge, unless probable cause could he shown. But-a very short time has elapsed since the commitment; and we are clear, that, for the present, the prisoner must be remanded for further examination.
¶2Rule accordingly