People v. Halwig
New York County Courts
Appeal by defendant from a judgment of conviction of assault in the third degree, rendered by the Gity Court of Utica, on the 6th day of February, 1903, under which defendant was sentenced to pay a fine of five dollars, or stand committed in default of payment thereof five days in the Oneida county jail.
1Opinion of the CourtDunmore, J.
The first ground of error alleged in appellant’s affidavit is that she was refused a trial by jury. At the time defendant was arraigned, her counsel waived a jury' trial. Upon the adjourned day, before any testimony was taken, her counsel demanded a jury trial, which was refused.
Section 702 of the Code of Criminal Procedure provides that: “ Before the court hears any testimony upon the trial, the defendant may demand a trial by jury.”
In People v. Molinet, 13 Misc. Rep. 301, it was held that in a case of which the Court of Special Sessions has exclusive jurisdiction in the first instance the…
2Cases cited2 opinions
- People v. Molinet, New York Court of Sessions, Queens County1895
- Soule v. VeyracNew York Court of Common Pleas · 1895
3Cited by4 opinions
- State v. BergSupreme Court of Iowa · 1946
- People v. Broadbent, New York County Courts1959
- People v. CannizzarioNew York Supreme Court · 1959
- People v. Galusha, New York County Courts1960