People v. Stone

Defendant appeals from a conviction by Justice Howard W. Chappell of the Town of Kirkland after a trial before him without a jury. The affidavit on appeal contains no alleged errors of law by the learned Justice, but alleges that the evidence adduced conclusively established the innocence of the defendant; that the conviction was contrary to the weight of the evidence; and that defendant was not proved guilty beyond a reasonable doubt.

The County Court on appeal from a lower court judgment of conviction in a criminal proceeding can only review the judgment below. It is not a trial de novo.…