
    The People, Respondents, v. Henry Daufkirch, Appellant.
    (Queens County Court of Sessions
    June, 1895.)
    Where the police justice has authority to try summary proceedings only ' as a Court of Special Sessions, it is error to refuse to allow the defendant a trial by jury, if demanded by him.
    Appeal from judgment entered upon a conviction by the police justice of LTewtown..
    
      Clarence Edma/rds, for appellant.
    
      Daniel Noble, District Attorney, for the People.
   Garretson, J.

Under the authority of The Matter of the Application of Frederick Erbe for a Writ of Prohibition against William J. Monteverde, Police Justice, decided by Bartlett, J., at Kings County Special Term, October 31, 1894 {ante, p. 404), 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.  