People v. Sciascia

I dissent from the decision about to be made. Before giving my reasons a brief statement of the facts is necessary. One Bernard Seligman conducted a summer amusement business at South Beach, Bichmond County, and in conjunction therewith operated a hotel, together with a bar and restaurant. About 12:45 on the morning of July 20, 1942, two men entered the bar room, and after ordering drinks one of them, exhibiting a gun, approached Seligman and said: “ This is a stickup,” and the other took $649 from Seligman’s pocket. Both men then left the barroom and as they reached the basket pavilion they…