126 A.D. 665
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1908
Appellate Division of the Supreme Court of the State of New York · decided 1908-06-05
Appeal by the defendant, Walter R. Gillette, from a judgment of the Supreme Court in favor of the plaintiff, rendered on the 28th day of October, 1907, after a trial at the Mew York Trial Term, criminal branch, convicting the defendant of the crime of perjury.
Good law ✅— No negative treatment on recordhow we know
Decided 1908-06-05
Cited by 28 later decisions (1 by the Supreme Court) — most recently July 1998 · most notably United States v. Norris (1937), United States v. Winter (1965)
13 federal appellate · 2 district · 11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1I concur in the reversal of the judgment on the ground that the evidence is insufficient to sustain a finding that the defendant knowingly and willfully testified falsely ; but I dissent from the dismissal of the indictment and the discharge of the defendant, and am of opinion that a new trial should be ordered.
¶2Judgment reverséd, indictment quashed and defendant discharged. Settle order on notice.