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People v. Maxwell

33 N.Y.S. 794 Court N.Y. Gen. Term Decision date 1895-05-14 English

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p. 794
PEOPLE v. MAXWELL.
(Supreme Court, General Term, Third Department.
May 14, 1895.)

Headnote

Criminal Law—Sufficiency of Evidence on Appeal.
A conviction in a criminal case will be reversed on appeal where the circumstances, though strongly suspicious, do not exclude every hypothesis except defendant’s guilt.
Appeal from court of sessions, Montgomery county.
Thomas Maxwell was convicted of burglary, and appeals.
Reversed.
Argued before PUTNAM and HERRICK, JJ.
George M. Albot, for appellant.
Leonard F. Fish, Dist. Atty., for the People.

This judgment should be reversed. The circumstances are strongly suspicious, but are not sufficient to warrant conviction. They do not exclude every hypothesis except the guilt-of the defendant. Judgment of conviction reversed.