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People v. Glynn

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1931
232 App. Div. 28 (N.Y. App. Div. 1931)

Opinion

March 11, 1931.

Appeal from Cayuga County Court.

Charles A. Wright [ Max Goldman of counsel], for the appellant.

Theodore M. Coburn, District Attorney [ Erwin Blauvelt of counsel], for the respondent.

Present — SEARS, P.J., CROUCH, EDGCOMB, THOMPSON and CROSBY, JJ.


The evidence, if the conviction is to stand, must be the critical proof enabling the jury to say beyond a reasonable doubt that defendant was a murderer. ( People v. Klvana, 241 N.Y. 481, 486.) We think the evidence here falls short of that standard. The circumstances under and the form in which the jury finally rendered its verdict is indicative of the same doubt. Sentence here should not be executed without every reasonable safeguard for the avoidance of mistake. The judgment of conviction should be reversed on the ground that justice will be promoted by granting a new trial. (Compare People v. Spickler, 255 N.Y. 408.)

All concur, except EDGCOMB and THOMPSON, JJ., who dissent and vote for affirmance.


Judgment of conviction and order reversed on the facts and a new trial granted.


Summaries of

People v. Glynn

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1931
232 App. Div. 28 (N.Y. App. Div. 1931)
Case details for

People v. Glynn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS GLYNN, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 11, 1931

Citations

232 App. Div. 28 (N.Y. App. Div. 1931)
248 N.Y.S. 745