People v. Finn

The relator is held by the sheriff of the county of Kings by virtue of a commitment from a city magistrate in the borough of Brooklyn. The commitment recites that the prisoner is to be held “ upon a charge of violation of Sunday law in exhibiting in a public place moving ■ pictures.” On the return to the writ of habeas corpus in this matter, it appears that the prisoner was arrested by a police officer and arraigned before a magistrate upon a complaint which charged him with violation of section 265 of the Penal Code.

On the argument before the court the testimony taken by the magistrate,…