
    The People ex rel. John Jacques, Relator, v. The Sheriff of Kings County, Respondent.
    (Supreme Court, Kings Special Term,
    April, 1907.)
    Criminal law — Offenses and grades thereof — Acts constituting offenses — Ticket agent at theater.
    A mere ticket agent at a theater is not included in the class of persons who are described in section- 290 of the Penal Code and therein declared to be guilty of a misdemeanor.
    Application for writs of habeas corpus and certiorari.
    The relator who is a ticket-taker at a local theater was arrested and charged with the violation of section 290 of the Penal Code. He was arraigned before a city magistrate and, at the conclusion of the examination, was held to answer for trial to the Court of Special Sessions. Thereafter, on the return to the writs of habeas corpus and certiorari, the relator asked for his discharge, claiming that section 290 of the Penal Code had no application to his case.
    On the argument, the district attorney contended that, . under section 29 of the Penal Code, the relator was an accessory and, therefore, liable as a principal.
    Meier Steinbrink, for relator.
    Peter P. Smith, Assistant District Attorney, for respondent.
   Thomas, J.

The relator is a mere ticket-taker. He is not shown to have any duty that would bring him into any class named in the statute nor is he shown to have done any act that would bring him under the statute by virtue of section 29 of the Penal Code. It is one of the first rules of 'interpretation of penal statutes that the persons or class of persons included therein should not be enlarged by construction. The relator should be and is discharged.

Relator discharged.  