Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
The defendant was convicted of the murder of one Donald Perl, who was shot as he was assisting the defendant's sister in her efforts to leave her paramour, Watson Nesbit. Defendant's sister was also shot and it was the theory of the defense that Nesbit had committed the crimes. The prosecution's case, although legally sufficient, was not overwhelming and...
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