People v. Smirti

274 A.D. 799, 79 N.Y.S.2d 502, 1948 N.Y. App. Div. LEXIS 3402
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 7, 1948
StatusPublished
Cited by1 cases

This text of 274 A.D. 799 (People v. Smirti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smirti, 274 A.D. 799, 79 N.Y.S.2d 502, 1948 N.Y. App. Div. LEXIS 3402 (N.Y. Ct. App. 1948).

Opinion

Judgments of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting defendants of the crime of book-making, reversed on the law and the facts, the information dismissed, and the fines remitted. The evidence of telephone talk heard by the police officers was not sufficiently connected with defendants and should not have been received. The remaining circumstantial evidence, including the wagering slips, which were not proved to be in the handwriting of defendants, was insufficient to establish guilt beyond a reasonable doubt. Adel, Nolan and Wenzel, JJ., concur; Lewis, P. J., and Johnston, J., dissent and vote to affirm.

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Related

People v. Sher
8 Misc. 2d 359 (New York Court of Special Session, 1957)

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Bluebook (online)
274 A.D. 799, 79 N.Y.S.2d 502, 1948 N.Y. App. Div. LEXIS 3402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smirti-nyappdiv-1948.