People v. Masterson

A careful -examination of the record presented on appeal convinces us that it is our- duty to direct a new trial of this defendant under the ample power given to this court to set aside a verdict against “a prisoner” when it appears that justice requires a new trial. Section 537, Code Cr. Proc.; People v. Boas, 92 N. Y. 560. This' defendant was convicted of the crime of abduction. The offense charged against him is defined in subdivision 1 of section 383 of the Penal Code. By that subdivision the crime is committed by a person who "takes, receives, employs, harbors or uses, or ' causes or…