People v. Pinder

By a writ of habeas corpus the defendants Oscar Pinder and Joseph Herbert seek to test the legality of their restraint by reason of an arrest on December 18, 1938, in front of premises 133-24 Bradford avenue, Flushing, Queens county, N. Y., when at three A. M. of that day Pinder was the operator and owner of the parked automobile and Herbert sat next to him. In the rear the two other defendants were seated. In the rear right side of the automobile, underneath a rug, the complainant police officer found a .32 calibre gun, with three loaded shells. None of the occupants of the car said they…