Rose v. McKean

Upon this application for an order of prohibition enjoining a magistrate of the Magistrate’s Court of the City of New York from proceeding with hearings upon a charge of assault in the third degree brought against petitioner, respondent moves to dismiss the petition pursuant to section 1293 of the Civil Practice Act.

The City Magistrate has commenced a preliminary hearing upon a'sworn complaint charging petitioner with a misdemeanor. Under section 177 of the Code of Criminal Procedure, an arrest by a police officer may be made in certain cases without a warrant. In the case of a misdemeanor,…