People ex rel. Kingsley v. Pratt
New York Supreme Court
Certiorari to tbe recorder of tbe city- of Elmira, to bring up for review tbe proceedings bad before bim for tbe conviction of tbe relator as a disorderly person. Tbe relator was arrested by a policeman in tbe city of Elmira, without any warrant.
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Certiorari to tbe recorder of tbe city- of Elmira, to bring up for review tbe proceedings bad before bim for tbe conviction of tbe relator as a disorderly person. Tbe relator was arrested by a policeman in tbe city of Elmira, without any warrant. After sucb j arrest a complaint was made as follows: “Chemung County, City of Elmira. ^ ss'' “James Kelly, on information and belief, on oatb complains that at said city on tbe 1st day of January, 1879, and on divers days and times between that day and the present time, Anna Kingsley was, and now is a disorderly person, to wit, a common prostitute,…
1Opinion of the Court
'Martin, J.:
The relator was arrested by a policeman of the city of Elmira, without any warrant or other process therefor. After such arrest a complaint was made against her by one Kelley, who alleged therein upon his information and belief, that she was a disorderly person in that she was a common prostitute. Upon this complaint the relator was tried, convicted and sentenced by the recorder to six month’s imprisonment in the Monroe county penitentiary.
It is now insisted that such arrest was unauthorized, the complaint upon which she was tried insufficient, and that'the recorder, therefore,…
2Cases cited3 opinions
- Comfort v. FultonNew York Supreme Court · 1861
- Taylor v. StrongNew York Supreme Court · 1829
- Sternack v. BrooksNew York Court of Common Pleas · 1877