New York Court of Appeals, 1943

People v. Schappes

People v. Schappes
New York Court of Appeals · Decided July 20, 1943 · Lehman
50 N.E.2d 821; 291 N.Y. 575; 1943 N.Y. LEXIS 1707 (North Eastern Reporter, Second Series)

People v. Schappes

Opinion of the Court

Judgment affirmed; no opinion.

Concur: Loughran; Rippey, Lewis, Conwat and Desmond, JJ. Lehman, Ch. J., dissents in the following memorandum:

Dissenting Opinion

*578 Lehman, Ch. J.

I dissent on the ground that though there may be sufficient evidence to show that the defendant gave false testimony and is unfit to teach in an institution of learning yet the evidence is insufficient to sustain a finding of guilt of perjury in the first degree upon the theory on which the case was tried, or to sustain a finding that the “ program of the Communist International ” was used “ in making the policy or guiding the actions of a communist unit at the College of the City of New York ” within the meaning of the charge of the trial judge.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.