Majority
p. 478The People, Resp’t, v. Henry Daufkirch, App’lt. (Court of Sessions, Queens County, Filed June, 1895.)
Clarence Edwards, for app’lt; Daniel Noble, List. Atty., for People.'
Under the authority of Erbe v. Monteverde (decided by Bartlett, J., at Kings county special term, Oct. 31, 1894) 69 St, Rep. 476 , the police justice erred in refusing to allow the defendant a trial by jury, and the judgment upon conviction, appealed from, should be reversed.
Judgment reversed.