80 N.Y.S. 171 | N.Y. Sup. Ct. | 1902
This is an application by certiorari to inquire into the cause of relator’s detention. As appears by the return to the writ of habeas corpus issued simultaneously with the writ of certiorari, the immediate cause of his detention is a warrant issued by the above-named respondent, reciting that the relator has been charged with the crime of perjury, and directing that he be apprehended and brought before the magistrate to answer to the charge. In cases of such a detention the court is called upon to look into the proceedings before the magistrate to see whether the warrant is supported by legal evidence. People ex rel. Bungart v. Wells, 57 App. Div. 140; People ex rel. Fleischman v. Fox, 34 Misc. Rep. 82. The return to the writ of certiorari shows that on December 23, 1902, an information, in the form of a written complaint, was laid before the respondent charging, or purporting to charge, the relator with perjury. Section 148
The prisoner must, therefore, be discharged.
Prisoner discharged.