People v. Egan

The appellant, James Egan, and a man named George Whitney were arrested on April 29, 1933, charged with the crime of burglary in the third degree. On July 27, 1933, Egan was convicted as a second offender and sentenced to a State prison for a term of ten years. An incident occurred during the trial which appellant contends requires a reversal of the judgment of conviction.

Frank Trapani, the arresting officer, testified that at about four-forty-five o’clock in the morning on the day of the arrest he observed the appellant and Whitney acting suspiciously; he watched them for about half an hour…