Legal Opinion

In re Ewer

New York Supreme Court

Decided June 30, 1893PublishedCited by 2 opinions

Appeal from special term, New York county. Application by Charlotte Ewer for writs of habeas corpus and certiorari. From orders dismissing the writs, (19 N. Y. Supp. 933,) said Ewer appeals.

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Appeal from special term, New York county. Application by Charlotte Ewer for writs of habeas corpus and certiorari. From orders dismissing the writs, (19 N. Y. Supp. 933,) said Ewer appeals. Charlotte Ewer, the appellant, was arrested upon a warrant, and taken before a police magistrate in the city of New York, June 16, 1892, charged with .a misdemeanor in violating section 292 of the Penal Code, by unlawfully exhibiting, using, procuring, and consenting to the exhibition of her daughter, Mildred Ewer, aged seven, as a dancer in the Broadway Theater in said city. She demanded an examination,…

1Opinion of the CourtLawrence, J.

As the only ground assigned for assailing the proceedings before the police magistrate is that section 292 of the Penal Code is in conflict with the provisions of the constitution, I deem it sufficient to say that, under numerous decisions of the court of appeals, the position taken by the appellant cannot be sustained. The opinion of Mr. Justice Andrews, at the special term, fully covers the case, and it is unnecessary to add anything to the reasoning therein contained. It therefore results that the orders appealed from should be affirmed. All concur.

2Cited by2 opinions

  1. State v. ShoreyOregon Supreme Court · 1906
  2. People ex rel. Zeese v. MastenNew York Supreme Court · 1894

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