People v. Yoran — 62 N.Y.S. 1144

Majority

p. 1144

PEOPLE, Respondent, v. YORAN et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

September, 1899.)

Headnote

Action by the people of the state of New York against Edward Yoran and others. Edward and William Yoran appeal from judgments of conviction of burglary. Judgment of .conviction reversed, and a new trial ordered.

The conviction in this case rests upon the testimony of a confessed accomplice of the defendants. Testimony was given by other witnesses, but it fails to corroborate the accomplice in any of his testimony connecting the defendants with the crime, or identifying them as associated with him.' The majority of the court think a new trial should be granted. One member of the court thinks that, as the defendants were entitled to an acquittal upon the evidence, they should not again be put in jeopardy.