PEOPLE v. DE WITT


285 A.D. 1157 (1955)

The People of the State of New York, Respondent, v. William De Witt, Appellant

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

May 2, 1955.


The indictment, as amended, upon which the case was submitted to the jury, charged in substance that appellant and another, acting in concert, had a pistol in their possession in an automobile, other than a public omnibus, without a written license therefor. There was evidence concerning two pistols; People's Exhibit I, which was incapable of being fired, and People's Exhibit II, which was in working order. Although Exhibit I is not a pistol, revolver or other firearm within...

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