People v. Lupo

William Lupo was indicted for the crimes of robbery in the second degree, assault in the second degree and petit larceny, all allegedly stemming from a holdup committed on June 21, 1951. At the close of the evidence, the trial judge was, of course, obliged to spell out for the jurors the elements of those three offenses and the possible verdicts that they might report. The question, posed by defendant’s appeal from Ms conviction on all three counts, is whether the judge adequately instructed the jurors on those subjects. Our conclusion is that he did not.

Two young women were held up and…