Volume 24 — New York Criminal Reports

Appeal by the defendant, Michael Rizzo, from a judgment of the County Court of Nassau county in favor of the plaintiff, -entered in the office of the clerk of said county on the 15th day of July, 1908, upon the verdict of a jury convicting the defendant of criminally receiving stolen goods.

<p>'Appeal from a judgment of a Court of Special Sessions, convicting the defendant of the crime of intoxication in a public place.</p>

<p>(1) . New York City Ordinances—Offering Theatre Tickets'for Sale Without a License.</p> <p>Every section of the Code of Ordinances of the city of New York which in any way related to ticket speculators was repealed from and after January 15, 1909, by an ordinance duly adopted by the board of aider-men and signed by the mayor; and a conviction upon a charge of offering to sell theatre tickets without having procured a license since that date cannot be sustained.</p> <p>(2) . Same—Selling Theatre Tickets Does Not Require a License.</p> <p>A theatre ticket, being a mere license and evidence of a right to enter a theatre and occupy a definite seat, cannot be regarded as merchandise; and the offering of such tickets for sale does not constitute hawking and peddling and may be conducted without a license.</p> <p>'(3). Same—Appeal—Payment of Pine Under Protest.</p> <p>The payment of a fine, imposed upon defendant upon his conviction for offering to sell tickets for admission to a theatre without having procured a license therefor, does not preclude his appeal from such conviction.</p>

The defendant was indicted for violating section 577c of the Penal Code.

<p>Motion by defendant’s attorney for leave to inspect the minutes of the grand jury.</p>

Motion requiring the district attorney of Saratoga county to deliver to defendant a copy of the testimony produced against him before the grand jury.

<p>(1). Information—Objection to as Not Specific Must be Raised Before-Magistrate.</p> <p>An objection by the defendant in a criminal action in a Court of Special Sessions, that the information is not sufficiently specific, should be raised before the magistrate; and, if not so raised, it will not be considered upon appeal.</p> <p>'(2). Trial—Plea of Guilty—When Magistrate Need Not Inform Prisoner as to His Right to Certificate of Removal Under Code Crim. Pro., Secs. 57 and 58.</p> <p>Where defendant pleads guilty of the crime charged, it is not a ground for reversing the conviction that the magistrate neglected to-inform him of his right to apply for a certificate of removal under sections 57 and 58 of the Code of Criminal Procedure, since there was no need of any trial.</p>

Appeal by the defendant, Henry H. Fisher, from a judgment of the County Court of Ulster county, rendered on the 21st day of ¡November, 1908, convicting the defendant of the crime of arson in the second degree, and also from an order entered in the office of the clerk of said county on the 21st day of December, 1908, denying the defendant’s motion for a new trial.

Appeal by the defendant, Samuel M. Biddison, from a judgment of the Court of General Sessions of the Peace in and for the county of Hew York in favor of the plaintiff, rendered on the 6th day of April, 1909, convicting the defendant of the crime of forgery in the first degree, and also from an order ■denying his motion for a new trial and in arrest of judgment.

Appeal by the defendant, Charles M. Otis, from a judgment of the County Court of Jefferson county, rendered against the defendant on the 22d day of October, 1909, upon the verdict of a jury convicting him of the crime of violating sub-division 2 of section 1427 of the Penal Law, and also from an order entered on the 27th day of October, 1909, denying the defendant’s motion for a new trial.

<p>(1) . Extortion—Threats.</p> <p>A threat that will produce the fear that constitutes an essential element of the crime of extortion, if verbal, is simply a misdemeanor.</p> <p>(2) . Same.</p> <p>Where defendant, arrested upon a bench warrant issued upon an indictment charging him with an attempt to commit extortion, sues out a writ of habeas corpus and asks to be released from custody upon the ground that at the time of the finding of the indictment he was under arrest upon a warrant issued for the same crime charged in the indictment, the same being a misdemeanor of which the police court had exclusive jurisdiction in the first instance to try, subject to removal under section 473 of the city charter to a court sitting with a grand jury, he is entitled to be discharged from custody, where the only evidence which could be offered upon the trial of the indictment is of verbal threats.</p>

Application by defendant for a certificate under section 56-of the Code of Criminal Procedure to send the case to the grand jury.

<p>Indictment—Use of Word “ Certain.”</p> <p>An indictment that alleges that defendant represented that his firm had furnished, rendered and performed for the town of S. “ certain extra items in connection with a certain sewer then and there being ” is not demurrable for not apprising defendant of the facts which may be proved.</p>

Appeal by Robert B. Lamb, as Superintendent of the Matteawan State Hospital, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office-of the clerk of the county of Dutchess on the 14'th day of February, 1910.

<p>(1) . Indictment—Demurrer—Code Grim. Pro., § 323.</p> <p>An indictment which states no facts constituting a crime is demurrable under section 323 (4) of the Code of Criminal Procedure.</p> <p>(2) . Same—Crimes Charged as Second Offense.</p> <p>Allegations relating to past offenses in an indictment for a crime charged as a second offense, if sufficient, merely compel, if proved, the infliction upon conviction of a heavier punishment and if insufficient do not permit of the introduction of evidence upon the trial to support them.</p> <p>(3) . Same.</p> <p>The power of a grand jury to find a superseding indictment where the jury disagreed upon the trial of the superseded indictment cannot be raised by demurrer.</p>