People ex rel. Conley v. Frank

Heffernan, J. (dissenting).

I dissent from the view of the majority in this case. So far as the parties themselves are concerned, this case is only of trifling importance. It involves, however, a principle of grave concern to all.

One Myer, a police officer of Albany, laid the following information before the police magistrate of that city, in which information it is attempted to charge relator with disorderly conduct in violation of subdivision 1 of section 722 of the Penal Law:

“ Police Court, City and County of Albany. } ss.:

“ Frank E. Myer, being duly sworn, deposes and says: That he is a…