Summary
In People v. Raubvogel, 217 App. Div. 733, 216 N YS. 891, it was held, no opinion being written, where `The People have failed to establish, beyond a reasonable doubt, the guilt of the defendant, it was the duty of the court to dismiss the information at the end of the people's case.
Summary of this case from People v. RosenOpinion
June, 1926.
Present — Clarke, P.J., Merrell, Finch, Martin and Wagner, JJ.
Judgment reversed and the information dismissed. The People having failed to establish, beyond a reasonable doubt, the guilt of the defendant, it was the duty of the court to dismiss the information at the end of the People's case. Settle order on notice.