People v. Luczak

The defendant was convicted by a court of special sessions of the offense of petit larceny, and sentenced to be confined in the Erie county penitentiary for the term of five months, and pay a fine of $25. Motion is now made to discharge him from custody, upon the ground, among others, that the judgment of conviction is fatally defective in omitting to show that defendant failed to demand a trial by jury when arranged for trial. bTo complaint is made that the recital of the judgment is defective in any other respect. The act which gave the right to trial by jury for the offense of which…