People ex rel. Burns v. Warden of the City Prison

Writ sustained and relators discharged from custody. The depositions and the evidence taken before the committing magistrate do not sustain the finding of a criminal intent to retain possession of the blue-prints or wrongfully to dispose of them. This is especially so in view of the magistrate’s refusal to hold the relators for the larceny of the 105 original drawings, blue-prints, and necessary patterns for the building of the machine. Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.