People v. Elmore — 279 N.Y. 691

Majority

p. 691

The People of the State of New York, Respondent, v. Samuel Elmore, Appellant.

Argued October ¿7, 1938;

decided December 6, 1938.

William C. Casey and Peter F. Gulotta for appellant.

Frank H. Innes, District Attorney (Thomas K. Hall of counsel), for respondent.

Judgment of conviction affirmed under the provisions of section 542 of the Code of Criminal Procedure. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs and Finch, JJ. Lehman, Loughran and Rippey, JJ., dissent on

p. 692

the ground that the question of fact presented is too close to permit us to overlook the errors committed at the trial; and Rippey, J., dissents on the additional ground that the evidence of guilt was insufficient to warrant a conviction, and the indictment should be dismissed.