People ex rel. Jones v. Langan
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, Joseph Langan, a lieutenant of police, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of March, 1909, sustaining a writ of habeas corpus and discharging the relator from custody.
Read the full summary
Appeal by. the defendant, Joseph Langan, a lieutenant of police, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of March, 1909, sustaining a writ of habeas corpus and discharging the relator from custody. The relator was arrested under a warrant of the Court of Special Sessions of the City of New York issued on an information filed by the District Attorney of Kings County under section 742 of the Code of Criminal Procedure.
1Opinion of the Court
Gaynor, J.:
Any person who engages in “book-making ” is guilty of a misdemeanor (Penal Code, § 351). The information and the warrant against the relator accuse him of the crime of “ engaging in bookmaking”. The information has to state facts which constitute book-making (Code Crim. Pro. § 742; People v. Corbalis, 178 N. Y. 516; People v. Pillion, 78 Hun, 74; People v. Miller, *39481 App. Div. 255). It does not do so. It states that the relator did on a race track “ quote and lay odds ” to many persons, specifying the said odds, “ that is to say, did state and publish to said persons the terms on…
2Cases cited3 opinions
- People v. . CorbalisNew York Court of Appeals · 1904
- People v. PillionNew York Supreme Court · 1894
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Opinion of the JusticesSupreme Court of Alabama · 1947
- Zuppardi v. StateSupreme Court of Florida · 1978
- People v. BerkeyNew York County Court, Kings County · 1939