Majority
p. 660The People of the State of New York, Respondent, v. George Fuller and John Wilson, Appellants. Argued December 1, 1954; decided December 31, 1954.
p. 661
Maurice Frey for John Wilson, appellant, and Solomon Daniels for George Fuller, appellant.
John F. Dwyer, District Attorney (Edward J. Marschner and Leonard Finlcelstein of counsel), for respondent.
In this case the circumstantial evidence did not authorize the inference of critical facts from which the conclusion of guilt was drawn. Those facts were not proved, but were left to conjecture; the controlling inference was not clear and strong, pointing logically to defendants’ guilt and excluding to a moral certainty every other reasonable hypothesis. (People v. Taddio, 292 N. Y. 488 , 489, and cases cited.)
p. 662
The judgments should be reversed and a new trial ordered.
Lewis, Ch. J., Conway, Desmond, Dye, Fuld, Froessel and Van Voorhis, JJ., concur.
Judgments reversed, etc.
Cases cited
- People v. Taddio 292 N. Y. 488 at 489 p. 661