People v. Birnbaum

Defendant appearing specially for that purpose only, moves to vacate a warrant issued out of this court on complaint of his wife and charging him with abandonment of said wife and their children.

The sole basis of defendant’s application is his alleged immunity from criminal prosecution because he was, when the warrant was issued and executed, a bona fide resident of New Jersey voluntarily present in this State for ’the purpose of defending his wife’s separation action then pending in the Supreme Court, Nassau County.

It is asserted by defendant and not denied by complainant that the Supreme…