People v. Di Maggio

There is no evidence that the defendant had a revolver upon or near his person, nor of any conspiracy between him and the persons upon whom revolvers were found. There was no basis for a finding that the defendant was in possession or control of a revolver directly or as a conspirator.

For these reasons the judgment appealed from should be reversed and the indictment dismissed.

McAvor, Martin and Proskauer, JJ., concur; Finch and Merrell, JJ., dissent.