¶1Judgment of conviction reversed upon the law and the facts, and a new trial granted. We are of opinion that the identity of the defendant was not established beyond a reasonable doubt by reason , of the faltering testimony of the People’s witnesses. Kelly, P. J., Jaycox, Manning, Kelby and Kapper, JJ., concur.
214 A.D. 730
People v. Schaeffer
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-05-15
Decided 1925-05-15