People v. Gillette , 22 N.Y. Crim. 400 ( 1908 )

Laughlin, J. (concurring):

I concur in the reversal of the judgment on the ground that the evidence is insufficient to sustain a finding that the defendant knowingly and willfully testified falsely ; but I dissent from the dismissal of the indictment and the discharge of the defendant, and am of opinion that a new trial should be ordered.

Judgment reverséd, indictment quashed and defendant discharged. Settle order on notice.