New York Court of Appeals, 1944

People v. Cummings, Sharpe, Accobacco, Kligerman

New York Court of Appeals · Decided November 22, 1944 · <italic>Per Curiam.</italic>

59 N.E.2d 437; 293 N.Y. 841; 1944 N.Y. LEXIS 2260 (North Eastern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. McKnight (Mont. 1955)

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

Per Curiam.

Upon the record before us we conclude that the trial court erred when it charged as a matter of law that the witnesses Kivowitz and Arnold were not accomplices of the defendants in the crime of concealing and withholding stolen property in' New York County. That inquiry, we think, was one of fact for the jury. The judgments should be reversed and a new trial ordered.

Concur: Lehman, Ch. J., Loughkan, Rippey, Lewis, Conway, Desmond and Thacheb, JJ.

Judgments reversed, etc.

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