People v. Murphy

The defendant was convicted after trial of a traffic infraction of speeding, on September 4, 1962 before Hon. John B. Cosgrove, Justice of the Peace, Town of Kirkland.

On September 24, 1962, the defendant filed a notice of appeal on the Justice and on October 31, 1962 defendant filed an affidavit of errors upon the Justice. Copies of each paper were duly served upon the District Attorney. No return has been filed. The defendant moves to compel a return to be filed and the District Attorney moves to dismiss the appeal.

It is conceded that the affidavit of errors was not served within the 30-day…