People v. Taft

As to the first motion the evidence presented a question of fact; the credibility of the People’s witnesses was for the jury. The evident reluctance of some of' them might have inclined the jury to credit their testimony. It is denied.

As to the second motion, the defendant did not plead a former judgment of conviction or acquittal. (Code Crim. Proc. §§ 332, 334; People v. Smith, 172 N. Y. 210, 227.)

However, the question is involved in other cases. We, therefore, consider the second motion on its merits. The defendant was convicted under indictment No. 52 of violating sections 986 and *1034970…