Majority
p. 545The People of the State of New York, Respondent, v. Giuseppi Florina and Alberto Anastasio, Appellants. (Argued November 30, 1921; decided December 6, 1921.)
Headnote
Crimes — murder — evidence — contradictions and uncertainties in narratives of witnesses — new trial.Appeal from a judgment of the Supreme Court rendered May 25, 1921, at a Trial Term for the county of
p. 546
Kings, upon a verdict convicting the defendants of the crime of murder in the first degree.
Robert H. Elder for appellants.
Harry E. Lewis, District Attorney (Ralph E. Hemstreet of counsel), for respondent.
In view of the contradictions and uncertainties in the narratives of the witnesses for the prosecution, we think the ends of justice will be promoted if another jury is given the opportunity to determine the defendants’ guilt or innocence.
.The judgment of conviction should be reversed, and a new trial ordered.
His cock, Ch. J., Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ., concur; Pound, J., absent.
Judgment of conviction reversed, etc.