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People v. Logan

112 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1908-11-11 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.

Contents
p. 1140
PEOPLE v. LOGAN.
(Supreme Court, Appellate Division, Fourth Department.
November 11, 1908.)

Headnote

Arthur Logan was convicted of a public offense, and he appeals. Affirmed.

Judgment and order affirmed.

(dissenting). I dissent upon the following grounds: • (1) It was prejudicial error to permit proof of the action for false arrest, and comment thereon, as was done. The court should have charged regarding the same as requested. (2) But for this fact, and proof of general bad character of the defendant, which was likewise improper under the circumstances (People v. Hinksman, 192 N. Y. 421 , 85 N. E. 676 ), it is not at all likely that the jury would have convicted the defendant. The case at best ig very close upon the evidence. I therefore vote for reversal.

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