June 9, 1939.
Present — Martin, P.J., O'Malley, Townley, Untermyer and Dore, JJ.; O'Malley, J., dissents and votes to affirm.
Judgment reversed and the information dismissed on the ground that the guilt of the defendant was not established beyond a reasonable doubt.
Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM CLARKE…
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Jun 9, 1939
The Minnesota Court pointed out that this reasoning has been vigorously repudiated in other jurisdictions and…