People v. Dennis

The defendant was convicted by a jury in the City Court of the city of Cortland, N. Y., for operating a motor vehicle while intoxicated, in violation of subdivision 3 of section 290 of the Highway Law (as amd. by Laws of 1926, chap. 732). As the crime was a misdemeanor, said court had jurisdiction of it. (Code Crim. Proc. § 56, subd. 35; Charter City of Cortland [Laws of 1900, chap. 160], § 218, as amd.)

It is the settled practice that on appeals of this kind only such errors will be considered as are specified in the affidavit upon which the appeal is allowed. (People v. Scherno, 140 App.…