People ex rel. Bedell v. De Mott
New York Supreme Court
Heaping- on return to a writ of habeas corpus. On the argument it was also consented that the complaint and warrant granted thereon by the justice of the peace should be presented and considered as though returned by the justice in obedience to a writ of certiorari, in order to save the necessity of issuing such a writ and awaiting the return thereto, the relator not yet having been heard before the magistrate.
1Opinion of the Court
Gaynor, J.:
The relator, a boy, was arrested by virtue of a warrant issued by a Justice of the Peace of the Town of Hemp-stead, County of Nassau. The warrant was issued on a complaint that the relator on May 25th, 1902, in the said town, “ did unlawfully and knowingly violate section 265 of the Penal Code of the state of New York relating to public sports on the Sabbath day in that he was playing a game of baseball which is a public sport.” There is no statement of any particular facts showing where in the town he played, whether the place was remote, or in the public highway, or whether there…
2Cases cited1 opinion
- People v. . MosesNew York Court of Appeals · 1893
3Cited by4 opinions
- Hamlin v. BenderNew York Supreme Court · 1915
- People ex rel. Hart v. DemerestNew York Supreme Court · 1906
- People ex rel. Poole v. HesterbergNew York Supreme Court · 1904
- People v. RoachNew York Court of General Session of the Peace · 1908