76 N.Y.S. 424 | N.Y. Sup. Ct. | 1902
The warrant in this case directs the officer to arrest “ John Doe, the name Doe being fictitious, true name unknown, but whom deponent can identify,” and the relator asks to be discharged on the ground that the warrant fails to designate the name “ John ” as being fictitious as well as the name “ Doe,” the real name of the relator being David Friedman. Section 152 of the Code of Criminal Procedure provides that the warrant must specify the name of the defendant, or, if it be unknown to the
Writ dismissed, prisoner remanded.