Opinion
Argued October 13, 1941
Decided November 19, 1941
Appeal from the Westchester County Court, COYNE, J.
Herman S. Falk, Vernon F. Murphy, Leo H. Klugherz and Richard Klugherz for appellant. Elbert T. Gallagher, District Attorney ( Joseph F. Gagliardi and Samuel Y. Austin, Jr., of counsel), for respondent.
On this record it was proper to admit the testimony of the defendant's daughter at the trial in Philadelphia upon the question of his motive, intent and state of mind. The testimony of the other witnesses on that trial was not admissible, but in this instance was helpful rather than harmful to the defendant.
The judgment of conviction should be affirmed.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Judgment of conviction affirmed.