PEOPLE v. SWANSON


278 A.D. 846 (1951)

The People of the State of New York, Respondent, v. Henry J. Swanson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1951.


Judgment reversed on the law and a new trial ordered.

Although defendant did not testify in his own behalf, the jury was required, on the evidence adduced, to determine whether or not defendant was the person who had committed the crime charged in the indictment. The two infant complainants identified defendant on trial, and defendant was further identified by another infant witness as the person who had driven a truck, operated by the person who had committed the...

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