PEOPLE v. FULLER


308 N.Y. 660 (1954)

The People of the State of New York, Respondent, v. George Fuller and John Wilson, Appellants.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Maurice Frey for John Wilson, appellant, and Solomon Daniels for George Fuller, appellant.

John F. Dwyer, District Attorney (Edward J. Marschner and Leonard Finkelstein of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


Per Curiam.

In this case the circumstantial evidence did not authorize the inference of critical facts from which the conclusion of guilt was drawn. Those facts were not proved, but were left to conjecture; the controlling inference was not clear and strong, pointing logically to defendants' guilt and excluding to a moral certainty every other reasonable hypothesis. (People v. Taddio, 292 N.Y. 488, 489, and cases...

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