The People of the State of New York, Plaintiff in Error v. Andrew Dowling, Defendant in Error

Summary

The Court affirmed the General Term's reversal of the conviction and ordered a new trial limited to the larceny charge, holding that the strike of the burglary element did not eliminate the larceny element, that a silent verdict operates as an acquittal barring further prosecution, that the acquittal remains despite reversal of the conviction, that jointly indicted co‑defendants are competent witnesses, and that the defendant's testimony on how he obtained the goods is admissible to show guilty knowledge.