PEOPLE v. MASON


24 A.D.2d 609 (1965)

The People of the State of New York, Respondent, v. Adrian F. Mason, Appellant The People of the State of New York, Respondent, v. Erwin Salzer, Appellant

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

July 12, 1965


Judgments reversed on the law and the facts; indictment against both defendants dismissed; and fines directed to be remitted.

In our opinion, defendants' guilt was not established beyond a reasonable doubt. We are also of the opinion that, if the judgments were not reversed and the indictment dismissed on the ground stated, reversal and a new trial would be required in the interests of justice because of error in charging, in effect, at the request of the prosecutor...

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