People v. Berger

Decision on motion to dismiss indictment at the close of People’s case and to strike out testimony relative to law of New Jersey as to accomplices.

This action is brought under section 1301 of the Penal Law, entitled, “ Bringing stolen property into State, larceny,” thus providing another form of larceny punishable as such.

Does the record now present a prima facie case that should be submitted to the jury?

The testimony in the People’s case is substantially as follows:

The Colgate Palmolive Peet Company, Inc., is engaged in the business of manufacturing soap products, among them Octagon soap.…