Opinion
Argued November 30, 1921
Decided December 6, 1921
Robert H. Elder for appellants.
Harry E. Lewis, District Attorney ( Ralph E. Hemstreet of counsel), for respondent.
In view of the contradictions and uncertainties in the narratives of the witnesses for the prosecution, we think the ends of justice will be promoted if another jury is given the opportunity to determine the defendants' guilt or innocence.
The judgment of conviction should be reversed, and a new trial ordered.
HISCOCK, Ch. J., HOGAN, CARDOZO, McLAUGHLIN, CRANE and ANDREWS, JJ., concur; POUND, J., absent.
Judgment of conviction reversed, etc.