People v. Luczak
The Superior Court of the City of New York and Buffalo
Joseph Luczak was convicted of petit larceny, and now sues out a writ of habeas corpus to discharge him from custody.
1Opinion of the CourtHatch, J.
The defendant was convicted by a court of special sessions of the offense of petit larceny, and sentenced to be confined in the Erie county penitentiary for the term of five months, and pay a fine of $25. Motion is now made to discharge him from custody, upon the ground, among others, that the judgment of conviction is fatally defective in omitting to show that defendant failed to demand a trial by jury when arraigned for trial. No complaint is made that the recital of the judgment is defective in any other respect. The act which gave the right to trial by jury for the offense of which…
2Cases cited2 opinions
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
- People v. MallonThe Superior Court of New York City · 1870
3Cited by1 opinion
- People v. AbettiNew York Court of General Session of the Peace · 1914