People ex rel. Beamish v. Reynolds

Kelly, J.:

One Pantilione, charged with the crime of assault in the third degree, demanded an examination before the respondent city magistrate, and the complainant and his witness having been examined and cross-examined the defendant’s counsel called him as a witness in his own behalf and asked that he be sworn. The magistrate refused to administer the oath or to allow counsel to examine him on the ground that as his jurisdiction was limited to holding the prisoner for trial in another court, he was not entitled to be sworn and to testify in his own behalf at the preliminary examination. He…