11 Abb. N. Cas. 122 | N.Y. Sup. Ct. | 1882
I am of the opinion that the prisoner is entitled to his discharge. The complainant simply swears that the “material facts, as sworn to by said Rothaker in said affidavit, and on which the order of arrest was granted, are false and not true (except as to the marriage therein stated), and that said facts were known to said Rothaker, at the time he swore to them, to be false and not true, thereby committing willful and corrupt perjury, &c.” The Code of Criminal Procedure, section 149, provides that the depositions taken before a magistrate when an informa
Prisoner discharged.