People v. Maxwell — 67 N.Y. St. Rep. 541

Majority

p. 541

The People, Resp’t, v. Thomas Maxwell, Appl’t.

(Supreme Court, General Term, Third Department,

Filed May 14, 1895.)

Headnote

Appeal — Criminal law

A judgment ol conviction, in a criminal action, will be reversed on appeal, where the circumstances, though strongly suspicious, do not exclude every hypothesis except the guilt of defendant.

Appeal from a judgment of conviction for burglary.

George M. Albot, for app’lt; Leonard F. Fish, Dist. Atty., for the Peoole.

This judgment should be reversed. The cir, cumstances are strongly suspicious, but are not sufficient to war, rant conviction. They do not exclude every hypothesis except the guilt of defendant.

Judgment of conviction reversed.