State v. Treficanto

The opinion of the court was delivered by

Walker, Chancellor.

The defendant, Gerardo Treficanto, was indicted with Joseph Caputo for the murder of Ammiello Tamburro, on March 10th, 1928. At the close of the evidence and on application for Caputo (no objection being made), verdict of acquittal was directed in his favor. On motion of counsel at the close of the case all testimony admitted against Cáputo, and the statement admitted as having been made by him, were ordered stricken from the record. The trial then proceeded against Treficanto alone, and at its conclusion the jury returned a verdict…