People v. Kelly
218 A.D. 849
Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1926·Published·Cited by 2 cases
Opinion
Judgment of conviction of the County Court of Nassau county reversed upon the law, and a new trial ordered, upon the ground that there was a material variance between the indictment and the proof on the trial. (People v. Dumar, 106 N. Y. 502; People v. Corbalis, 178 id. 516.) Jaycox, Manning, Young and Lazansky, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the alleged variance is immaterial.
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People v. Kelly, 218 A.D. 849 (N.Y. Ct. App. 1926).
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