People ex rel. Ticineto v. Brewster

This appeal is here on an agreed statement of facts.

The relator' was arrested on March 31, 1934, charged with disorderly conduct in violation of the Penal Law, section 722, subdivision 2. The disorderly conduct consisted of an alleged assault upon one Kathleen McCarthy, committed on March 31, 1934, at No. 514 West Fifty-first street. After hearing the testimony the magistrate before whom the charge was tried acquitted the relator, stating that he entertained a reasonable doubt that the relator had committed.the offense.

On April 7, 1934, the relator was again arrested charged with assault upon…