Gordon v. Hofmann

Order denying petitioners’ motion for an alternative or peremptory order of mandamus directing the respondent ■—• a city magistrate — to make a return to all the matters specified as grounds of error in the notice of appeal unanimously affirmed, in the exercise of discretion, without costs. For the purpose of an appeal a conviction shall be deemed a final judgment although sentence may have been suspended (Inferior Criminal Courts Act, § 41). The notice of appeal was not served as provided in the statute (Inferior Criminal Courts Act, § 42). While the determination of the question whether the…