People v. Fidler

Defendants have been convicted by a jury upon indictments charging them with violation of section 1851 of the Penal Law, a statute described in its section heading as “ Resisting public officer in the discharge of his duty We are required to decide whether the proof is sufficient to give firm foundation *700as a matter of law to the verdict, and for this we take at its optimum truth and value the case presented by the People.

It thus must be deemed established factually that on September 15, 1949, State police observed on a highway five trucks owned by defendant Kenneth E. Fidler and each driven…