People ex rel. Posner v. Vollmer

The relator stands charged in the District Court of the County of Nassau with a violation of section 43 of the Penal Law. His motion to dismiss the information was denied and on his arraignment the relator pleaded not guilty. At the time of arraignment, although he was free on bail in the sum of $500 the relator requested the cancellation of his bail in order to test the jurisdiction of the District Court by this proceeding on the ground that the information does not charge facts sufficient to constitute a crime. His request was granted and he surrendered himself into the custody of the…