People ex rel. Reardon v. Flynn
This text of 111 N.Y.S. 1067 (People ex rel. Reardon v. Flynn) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this case the relator entered a'saloon, and, without any provocation or justification, pointed a pistol at the complainant and called her vile names. No arrests were made, and, so far as the record discloses, there was no occasion for an arrest. The complainant was so badly frightened that she became ill. The relator offered no evidence. The magistrate believed the complainant, and held the relator for oppression. The acts committed in this case seem even more unwarrantable than those in the Marks case (People ex rel. Reardon v. Flynn, 111 N. Y. Supp. 1065), and I am of the opinion that in view of the magistrate’s finding the relator unlawfully and maliciously, under cover of official authority, detained the complainant against her will and committed acts whereby she was injured. That, says the Penal Code, constitutes oppression.
The writ must be dismissed.
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Cite This Page — Counsel Stack
111 N.Y.S. 1067, 58 Misc. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-reardon-v-flynn-nysupct-1908.