Hyperlawhypertext legal database People v. Swersky 153 N.Y.S. 1134

← Cases

People v. Swersky

153 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1915-05-28 Docket No. 7357 English

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

Contents
p. 1134
PEOPLE v. SWERSKY et al.
(No. 7357.)
(Supreme Court, Appellate Division, First Department.
May 28, 1915.)

Headnote

Appeal from Trial Term, New York County. Max Swei'sky impleaded with another, was convicted of horse poisoning, and from the judgment, and an order denying his motion for new trial and in arrest of judgment, he appeals.
Affirmed.
George Edwin Joseph, of New York City, for appellant.
Robert S. Johnstone, of New York City, for the People.

Judgment and order affirmed. Order filed.

I dissent, upon the ground that it was error to charge that there were three accomplices only—Friedman, O’Brien, and Mrs. Erliehman; that it was also error for the court to hold that Joseph Erliehman was not in law an accomplice; and that it was further error to refuse the request to charge that it was for the jury to determine whether Joseph Erliehman was or was-not an accomplice. In my opinion, the question of his being an accomplice was one of fact, which should have been submitted to the jury.