People v. Bacon

Defendant was convicted after a jury trial in the Police Justice Court of the Village of Owego of the charge of operating a motor vehicle while in an intoxicated condition in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law. The court imposed a fine of $100 which was paid. From that judgment of conviction the defendant has taken this appeal in which he alleges several errors.

He claims that after the case was submitted by the court to the jury for determination and the jury had retired the officer in charge entered and remained in the same room with the jurors during…