People v. Mason — 245 N.Y. 617

Majority

p. 617

The People of the State of New York, Respondent, v. James Mason, Jr., Appellant.

(Argued June 6, 1927;

decided June 21, 1927.)

Headnote

Crimes — murder in first degree — judgment of conviction affirmed.

Appeal from a judgment of the Court of General Sessions of the Peace in the county of New York, rendered March 21, 1927, upon a verdict convicting the defendant of the crime of murder in the first degree.

George Gordon Battle and Harvey J. Bresler for appellant.

Joab H. Banton, District Attorney (Robert C. Taylor of counsel), for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ.; Kellogg, J., dissents on the ground that the identity of the defendant was not established beyond a reasonable doubt.