People ex rel. Reardon v. Flynn

111 N.Y.S. 1067, 58 Misc. 624

Opinion

LEVENTRITT, J.

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.