People v. Spickler
Cases that cite this one
3 later published cases cite this decision.
- People v. Pignataro (N.Y. 1934)
- People v. Cashin (N.Y. 1932)
- People v. Glynn (Appellate Division of the Supreme Court of New York 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We think the judgment of conviction should be reversed on the ground that justice will be promoted by granting a new trial.
The identification of the defendant by witnesses who *409 had seen the struggle from a distance in the hallway of an apartment house is a,t least doubtful enough to make it improper to execute the death penalty without every reasonable safeguard for the avoidance of mistake.
We think the case is conspicuously one where a view of the premises should be ordered to enable the jury to determine whether an identification in such conditions is one that ought to be accepted.
The judgment of conviction should be reversed and a new trial granted.
Cardozo, Ch. J., Lehman, Kellogg and O’Brien, JJ., concur; Pound, Crane and Hubbs, JJ., dissent.
Judgment reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.