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PEOPLE v. SMALL

28 A.D.2d 934 (1967)

The People of the State of New York, Respondent, v. Sam Small, Appellant

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

July 12, 1967

In our opinion, Sam Small's guilt of aiding and abetting Walter Small in the assault upon James Shannon with a loaded rifle, as charged in the second count of the indictment was not established beyond a reasonable doubt.

Benjamin, J., dissents and votes to affirm the judgment with the following memorandum:

This conviction stems from a brawl in which Sam Small used a crowbar and Walter Small, his codefendant, used a rifle. Walter and Sam were acquitted...

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