Judgment modified, on the law and the facts, by setting aside the verdict and conviction on the third count of the indictment, charging assault in the second degree in resisting arrest, and by dismissing said count. As so modified, judgment affirmed.
In our opinion, defendant's guilt of the crime alleged in the third count was not established beyond a reasonable doubt. However, there was ample proof of guilt of the other crimes charged; and we find no prejudicial...
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