People v. Thomas
New York County Courts
Walter K. Thomas was convicted of disorderly conduct, and he appeals. On motion to dismiss the appeal. Motion overruled conditionally.
1Opinion of the CourtFawcett, J.
The defendant was tried and convicted of disorderly conduct before a city magistrate, sitting in the City Magistrate’s Court of the City of New York, Second Division, Third District, on August 11, 1910, and fined $10. On October 6, 1910, an appeal was duly allowed to the County Court by a justice of the Supreme Court. Defendant filed the affidavit and allowance of appeal with the clerk of the said Third District Court. The clerk has made a return.
The district attorney moves to dismiss on the ground that the affidavit and allowance should have been delivered to the magistrate who presided at…
2Cases cited3 opinions
- People v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1907
- People Ex Rel. Perry v. . GilletteNew York Court of Appeals · 1911
- People v. PattersonNew York Court of General Session of the Peace · 1902