Duncan v. Brothers

BIRD, Chief Justice.

G. E. Duncan was arrested without a warrant and charged with violating a city ordinance. He was not carried forthwith before a magistrate having jurisdiction of the offense as required by Section 46 of the Criminal Code of Practice. In lieu of carrying the accused before a magistrate, the officer gave Duncan a written citation directing that he appear and answer the charge before a magistrate, namely, the police judge of the City of White Plains. Duncan ignored the citation and did not appear as directed. No warrant or summons issued from the police court and Duncan did…