PEOPLE v. LOWRY


8 A.D.2d 956 (1959)

The People of the State of New York, Respondent, v. Jerome Arthur Lowry, Appellant

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

July 14, 1959


Judgment reversed on the law and the facts, and a new trial ordered.

The appellant and a codefendant went to trial under an indictment. After the jury was selected and sworn, the Assistant District Attorney and appellant's counsel opened their cases. Then appellant moved for a separate trial, and the motion was denied. Neither appellant nor his codefendant testified at the trial. The codefendant produced no witnesses. Appellant produced witnesses to support his defense...

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