People v. Lane

Milton A. Wilts®, J.

The defendant was convicted of assault in the third degree by a jury, in the Police Justice Court of the Village of Carthage, New York, on March 23,1960. The Honorable Howard H. Splete, Police Justice of the Village of Carthage, presided upon the trial. From such conviction, the defendant has appealed.

For the People upon the trial, the Village Attorney of Carthage prosecuted. The District Attorney appears for the People upon this appeal.

One of the questions of law set forth in the affidavit of errors, which defendant claims requires a reversal of the conviction, is that…