People v. Cook

Smith, P. J.:

The defendant was arrested and brought before the police justice by virtue of a warrant issued by that magistrate upon the affidavit of one Nettie Archer, which alleged that the defendant got and obtained from her the sum of fifteen dollars in money, by representing to her that he'was part owner and had an interest in a certain jewelry store on State street, in Rochester, besides being auctioneer in said store, which, deponent averred, upon her information and belief, was not true.

The justice’s return shows that when the defendant was arraigned the affidavit was not read to him,…