Dissent
p. 941The People of the State of New York, Respondent, v. Max Swersky, and David Kalhofer, Appellants.
Headnote
Appeal from a judgment of the Supreme Court, rendered on the 21st day of January, 1914, convicting the defendant of the crime of horse poisoning, and from an order denying a motion for new trial and in arrest of judgment.Judgment and order affirmed. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.
I dissent upon the ground that it was error to charge that there were three accomplices only—Friedman, O’Brien and Mrs. Erlichman; that it was also error for the court to hold that Joseph Erlichman was not in law an accomplice; and that it was further error to refuse the request to charge that it was for the jury to determine whether Joseph Erlichman was or was not an accomplice. In my opinion, the question of his being an accomplice was one of fact which should have been submitted to the jury.