People v. Canepi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Canepi, Jr., from a judgment of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 1st day of June, 1903, upon the verdict of a jury convicting the defendant of the crime of poolselling in violation of section 351 of the Penal Code.
1Opinion of the Court
Willard Bartlett, J.:
There is no evidence in this case that the defendant actually engaged in poolselling himself -; but I think the proof is sufficient, within the rule which requires the establishment of criminality beyond a reasonable doubt, to sustain the finding that the defendant on the day charged i-n the indictment (July 26, 1902) assisted and abetted poolselling in violation of section 351 of the Penal Code, and, hence, that he became liable as a principal. (See Penal' Code, § 29.)
The defendant went to the jury without offering any evidence whatever. The proof in behalf of the…
2Cases cited1 opinion
- People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- People v. RossAppellate Court of Illinois · 1926