PEOPLE v. TUNSTALL


5 A.D.2d 338 (1958)

The People of the State of New York, Respondent, v. Moses Tunstall, Appellant

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

March 19, 1958.


Attorney(s) appearing for the Case

John M. Wilson for appellant.

Roger E. Davis, District Attorney, for respondent.

All concur, except BASTOW, J., who dissents and votes for affirmance. Present: McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.


WILLIAMS, J.

In this first degree murder case, the jury reported a verdict of guilty with a recommendation of life imprisonment, and the defendant was sentenced for life.

The defendant claims, among other things, that the evidence was insufficient to sustain the conviction. We shall consider this first.

The evidence was wholly circumstantial and must therefore be analyzed and considered under the...

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