People ex rel. Weiner v. Barr

The relator has sued out a writ of habeas corpus against the warden of the city prison, known as the Tombs, in whose custody he had been placed. He has been charged with violation of section 1712 of the Penal . Law, and held by the committing magistrate for trial before the Court of Special Sessions, city of New York. The specific act ascribed to the relator, which was alleged to constitute a violation of section 1712 of the Penal Law, was that on February 18, 1927, he wagered $500 upon the result of the Delaney-Maloney boxing contest.

A preliminary objection is raised as to jurisdiction,…