People v. Jewett
New York Supreme Court
Appeal from court of sessions, Wyoming county. Benjamin F. Jewett was convicted in a court of special sessions of the town of Genesee Falls of the crime of assault in the third degree, and from a judgment of the court of sessions, affirming the judgment of conviction, defendant appeals.
1Opinion of the CourtDwight, P. J.
Counsel for the appellant, in his brief and argument in this court, propounded several alleged errors which were not mentioned in the affidavit presented to the county judge upon which the appeal to the court of sessions whs allowed. Code Grim. Proc. § 751. These allegations of error could not properly have been considered by the court from whose judgment this *943appeal is taken, nor will they be considered here. The statute above cited requires that the affidavit of appeal must state “the facts, showing the alleged errors in the proceedings on conviction complained of;” and by provisions of the…
2Cases cited2 opinions
- Lattimore v. PeopleNew York Supreme Court · 1854
- People ex rel. Cook v. SmithNew York Supreme Court · 1889
3Cited by6 opinions
- People ex rel. St. Clair v. DavisAppellate Division of the Supreme Court of the State of New York · 1911
- People v. WarrenNew York Supreme Court · 1894
- People v. SchernoAppellate Division of the Supreme Court of the State of New York · 1910
- People v. Jacobs, New York County Courts1906
- People v. Helmes, New York County Courts1932
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