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PEOPLE v. NOBLE

9 N.Y.2d 571 (1961)

The People of the State of New York, Respondent, v. James Noble and Ella Barber, Appellants.

Court of Appeals of the State of New York.

Decided May 18, 1961.

Attorney(s) appearing for the Case

James O. Moore, Jr., for James Noble, appellant.

Marshall G. Kaplan, Michael L. B. Kaplan, Leonard H. Kaplan and Aaron B. Z. Silver for Ella Barber, appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondents.

Chief Judge DESMOND and Judge FULD concur with Judge DYE; Judges VAN VOORHIS and FOSTER concur in result only on the ground that the People did not prove beyond a reasonable doubt that defendant Noble's confession was voluntary; Judge FROESSEL dissents in a separate opinion in which Judge BURKE concurs.

DYE, J.

This is an appeal from judgments of the Kings County Court convicting the defendants of the crime of murder in the first degree. The indictment charged the defendants, acting in concert, with the willful killing of one Ernest Barber by stabbing and stomping (Penal Law, § 1044).

Upon this appeal we are urged to set aside the convictions on the general grounds that the verdicts were against...

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