People ex rel. Poole v. Hesterberg

Gayxob, J.:

The question presented is whether the magistrate had jurisdiction to issne the warrant. That depends on whether the information or complaint stated facts sufficient to show that a crime had been committed. It is that the relators “ did unlawfully engage in a game commonly called base ball on Sunday, April 24th, 1904 ”, in the borough of Brooklyn. There is no allegation nor any statement of facts therein showing that “ the repose and religious liberty of the community were interrupted ” by them, to use the words of the Sunday statute.

The question therefore is whether playing a game…