105 N.Y.S. 349 | N.Y. App. Div. | 1907
The only questions presented requiring our consideration are, first, whether the provisions of section 4 of chapter 261 of the Laws of 1854, authorizing any magistrate in Dutchess county, in liis discretion, to commit a person convicted. before him of being a disorderly person to imprisonment at hard labor for any term not exceeding six months, were repealed by implication by the provisions ■ of the Criminal and Penal Codes; and, second, if not, whether any
The ajipellant was'arrested upon a warrant charging him with being a disorderly person, in that lie unlawfully, criminally and feloniously kept a. resort for prostitutes, drunkards, tipplers, gamblers, and a bawdy house' and bed house, in the town of Poughkeepsie, Dutchess county, on April 24 1906, and had kept and .maintained such resort during the year 1905, and down to the day the warrant issued in 1906, in violation, of subdivision 4 of section 899 of the Code of Criminal Procedure. Upon the hearing before the. justice the appellant admitted the charge, and offered to give security by a written undertaking, with one or more sureties approved by the justice, in an amount fixed by him, conditioned that he would be of good behavior for the space of one year, in áccordance with the requirements of section 901 of said Code, and demanded that he thereupon be discharged; The magistrate refused to accept any undertaking or to discharge the défendant upon his giving a bond, and npon his admission or plea of guilty, convicted him of being a disorderly person, and committed him to imprisonment in -the Dutchess county jail at hard labor for the period of three months. -'
Prior to the adoption of the Criminal and Penal Codes a disorderly pei’son, in the county of Dutchess, might be proceeded against by indictment under the common law, or by proceedings under part 1, chapter 20, title 5 of the Eevised Statutes, in which proceeding, upon conviction, section 4 of chapter 26l of the Laws of 1854 authorized the magistrate to require the bond prescribed by section 2 of said title, or, in. his discretion, to commit the offender to imprisonment at hard labor for any term not exceeding six months. The Code of Criminal Procedure, section 899, pro-' vides that keepers of bawdy houses or. houses for the resort of prostitutes are disorderly persons;, section 901 provides, that if the magistrate is satisfied from the confession of th defendant, or by competent testimony, that he is a disorderly person, he may require ■ that the person charged give' security by a written undertaking,' with one or more sureties approved by the magistrate, to the effect that he will he of good behavior for the space of one year, etc"., and by the provisions of section 902, if such undertaking be given, the
The judgment of conviction must be affirmed.
Woodward, Jerks, Hooker and. Gayhor, JJ., concurred.
Judgment of conviction affirmed. .
For repeal of said provisions of Revised Statutes, see also Laws of 1886, . chap. 693, § 1, subd. 1, f 5.— [Rep.