If the defendant arrived at his home within the fourteen days, and before the arrest, the reason of his privilege, and, of course, the privilege itself ceased. (Rev. Laws of N. Y. vol. 1, p. 133.) As the defendant does not state where he was at the time he was arrested, the motion must be denied, with eosts.(a)
Rule refused.
S. P. Corey v. Russell, 4 Wend. 305; Gra. Prac. 3d ed. 133, 134; see 1 R. S. 154, § 6, 7, 8, 9.