People ex rel. Weiner v. Warden of City Prison

The magistrate, in our opinion, erred in limiting the commission of the offense to October 2, 1931. The complaint was replete with specifications of dates and places ranging from August 31, 1931, to September 22, 1931. The reading by the magistrate that the complaint charged the relator with being a vagrant only on October 2, 1931, because the complaint, sworn to on that date, stated that the relator “ is ” a vagrant, ignored the body of the complaint which abundantly charged the numerous dates covering the relator’s offense or offenses. At any rate, the present second complaint, while…