Judgment reversed, on the law and the facts, and indictment dismissed.
In our opinion, the circumstantial evidence, upon which the People relied exclusively, failed to exclude to a moral certainty every other hypothesis except defendant's guilt of the crime charged, viz., stealing and appropriating for his own use cement belonging to his employer valued in excess of $500 (Richardson, Evidence [9th ed.], § 152). In addition, there was absolutely no proof (circumstantial...
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