PEOPLE v. HEARNS


18 A.D.2d 922 (1963)

The People of the State of New York, Respondent, v. Elmer Hearns, Appellant

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

February 11, 1963


Judgment reversed on the law, and a new trial ordered. The questions of fact raised were considered; the findings of fact implicit in the jury's verdict are affirmed.

In our opinion, defendant was deprived of a fair trial. The People's evidence in chief consisted of proof that a robbery had been committed by two men and that defendant, during his interrogation by an Assistant District Attorney, had admitted that he had loaned a gun to one of the two men for the purpose...

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