PEOPLE v. SPRINKLER


14 A.D.2d 888 (1961)

The People of the State of New York, Respondent, v. Leroy Sprinkler, Appellant

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

November 6, 1961


Judgment reversed on the law and the facts and the indictment dismissed.

The deceased died as a result of stab wounds. Concededly none of the wounds was inflicted by defendant. His conviction purports to rest upon the allegations of "acting in concert" and "aiding and abetting." There is no evidence that he aided or abetted or acted in concert in respect of the stabbings. The weight of the evidence, which is substantially uncontradicted, permits findings that defendant...

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