People v. Moore

Herlihy and Reynolds, JJ. (dissenting).

Our dissent and vote for affirmance of the conviction of the defendant is limited to the two grounds which the majority rely upon for reversal.

1. Failure to instruct the jury as requested by the defendant, as follows: “ Defendant requests the Court to charge with respect to the failure of the District Attorney to call as a witness Mabel Seeley Moore that the strongest inferences may be drawn against the prosecution, which the opposing evidence in the record permits.”

2. The delay between the commission of the crime and the commencement of the criminal…