72 Misc. 2d 646 | N.Y. Sup. Ct. | 1973
Petitioner [defendant] comes before this court to enforce bis civil right to liberty. He resorts to the great writ of habeas corpus which has for centuries been the only real and sufficient bastion of personal freedom and dignity. He inquires not into the offense charged to him but into the esteemed right to liberty which is the matrix of our judicial system. The instant writ tests the legality of petitioner’s detention, notwithstanding the criminal act he is alleged to have committed.
The sole issue to be decided by this court is one of jurisdiction over the person of the petitioner.
A hearing was held before this court on January 19, 1973 and January 22, 1973 and the court has examined the minutes of a hearing held in the New York City Criminal Court, Queens County, on December 14, 1972. The following findings of fact and conclusions of law are made in the absence of any testimony offered before the court by any person aboard flight No. 101 from the Bahamas to Luxembourg:
On December 7, 1972 petitioner boarded Air International Bahamas’ flight No. 101 bound from the Bahamas to Luxem
Intent is not an element of the-crime of possessing, without a license, a loaded pistol or revolver which might bé concealed on the person of an accused (People v. Terwilliger, 172 Misc, 70). Guilty knowledge, or scienter is not an element of the crime of unlawful possession of a firearm.
“ The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing.” (Penal Law, § 15.10). The doing of an act may by statute be made criminal without regard to the doer’s intent or knowledge, but an involuntary action is not criminal. (Hornstein v. Paramount Pictures, 266 App. Div. 828.)
. The court finds that the petitioner, "William Jesse Newton, Jr., did not subject himself to criminal liability by virtue of a vol