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PEOPLE v. BOEHM

309 N.Y. 362 (1955)

The People of the State of New York, Respondent, v. Edward A. Boehm and Fritz Boehm, Appellants.

Court of Appeals of the State of New York.

Decided December 1, 1955

Attorney(s) appearing for the Case

William H. McKeon for appellants.

John F. Dwyer, District Attorney (Robert A. Burrell of counsel), for respondent.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with VAN VOORHIS, J. DESMOND, J., dissents in an opinion in which FROESSEL, J., concurs; DYE, J., taking no part.

VAN VOORHIS, J.

The appellants, Edward A. Boehm and Fritz Boehm, were jointly indicted on the 18th day of September, 1931. The indictment charged attempted robbery in the first degree in three counts. Upon this indictment, Fritz Boehm was arraigned on September 21, 1931, in the Supreme Court, Erie County, and entered a plea of guilty to the indictment. On October 2, 1931, he was sentenced to Auburn State Prison...

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