PEOPLE v. LILLIS


3 A.D.2d 44 (1956)

The People of the State of New York, Respondent, v. John F. Lillis, Appellant

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

December 20, 1956.


Attorney(s) appearing for the Case

Paul R. Shanahan for appellant.

Arthur W. Wilson, District Attorney (Jacob L. Serling of counsel), for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, WHEELER, WILLIAMS and BASTOW, JJ.


WILLIAMS, J.

Defendant was indicted by the Grand Jury of Onondaga County for perjury in the second degree, a misdemeanor. A trial before the County Court resulted in a judgment of conviction, from which defendant appeals.

It is unnecessary to report the evidence in detail, for in our view the case presents only a question of law which is fatal to the indictment. Briefly, the People proved that on December...

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