PEOPLE v. MASSEY


7 A.D.2d 850 (1959)

The People of the State of New York, Respondent, v. Eddie Massey, Appellant The People of the State of New York, Respondent, v. Eddie Massey, Appellant

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

January 5, 1959


Judgments reversed upon the law and the facts, and informations dismissed.

The record fails to establish beyond a reasonable doubt appellant's commission of the crimes charged. The record does not show beyond a reasonable doubt that appellant, without provocation, assaulted the police officer or that the officer ever actually elected to place appellant under arrest by reason of such unprovoked assault, even though the officer had threatened so to do. Rather, the record...

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