Abraham v. Valentine

Petitioner, a public hack driver, seeks to restrain the police commissioner from trying him for an alleged violation of clause (b) of subdivision 4 of section 887 of the Code of Criminal Procedure.

Petitioner was tried and aquitted before a city magistrate on a charge of violating the provisions of the aforesaid section, and contends that because of the provisions of section 41 of chapter 27A of the Amended Code of Ordinances, the police commissioner may not conduct an inquiry with relation to the same offense.

Section 887 of the Code of Criminal Procedure defines who are vagrants, and…