People v. Davis
261 A.D. 944 | N.Y. App. Div. | 1941
Judgment unanimously reversed, the information dismissed, and the defendant Ernest Davis discharged from custody. As to the first count which charges transportation of alcohol without a permit, the defendants’ guilt was not established beyond a reasonable doubt. As to the second count, the evidence failed to satisfy the requirements of section 395 of the Code of Criminal Procedure. (See People v. Krasner, 252 App. Div. 731.) Present —■ Martin, P. J., O’Malley, Townley, Untermyer and Cohn, JJ.