People v. Freudenberg

Frank, J. (dissenting).

I cannot concur with the majority, for it is my view that we may not go beyond the threshold problem of jurisdiction, and are barred from an examination of the merits of this application.

After a trial on April 15, 1937 the defendant was convicted of the crime of driving a motor vehicle while intoxicated. The City Magistrate who presided has since died. We need not, therefore, be concerned here with an application made to a Judge before whom occurred the error sought to be corrected. There is no dispute that the Magistrate conducted the proceeding as a Justice of the…