New York Court of Appeals

The People of the State of New York, Respondent v. Herbert Russell, Appellant

December 31, 1934266 N.Y. 147

Summary

The New York Court of Appeals reversed Herbert Russell's murder conviction, holding that the trial court erred by admitting prior robbery evidence to show propensity and by giving the jury an improper alibi instruction that shifted the burden of proof to the defendant; a new trial was ordered.