People v. Macomb

Defendant was convicted September 9, 1957, by Casey Zygmont, Justice of the Peace of the Town of Niagara, of violating subdivision 8 of section 14 of the Vehicle and Traffic Law by operating a truck with an overload of 7,300 pounds on the rear axle. Trial was by the court without a jury. The defendant rested without producing any evidence, and the evidence is silent as to whether he was or was not the owner of the truck.

Defendant has appealed to this court and one of the grounds of his appeal is that there was no opening statement made on behalf of the prosecution.

Section 388 of the Code of…