The People of the State of New York Ex Rel. George W. Perkins v. . Joseph F. Moss, the People of the State of New York

Summary

The Court of Appeals affirmed the Appellate Division’s order discharging the relator, holding that the magistrate lacked jurisdiction to issue the arrest warrant because the depositions and the relator’s own declaration failed to show the felonious intent required for grand larceny. The court also clarified that a person arrested under a warrant may immediately seek a writ of habeas corpus without awaiting a trial examination.