People ex rel. La Velle v. Traphagen

These relators were arrested on the 28th day of July, 1929, charged with the crime of assault in the third degree, and, upon their plea of guilty on that day, were sentenced by the committing magistrate to be imprisoned in the Seneca county jail for thirty days.

July twenty-eighth was Sunday. This writ has been sued out upon the ground that the court had no jurisdiction to commit these relators on Sunday, such being in violation of section 5 of the Judiciary Law.

Assault in the third degree is one of those offenses in which Courts of Special Sessions have, in the first instance, jurisdiction to…