New York Court of Appeals

The People of the State of New York, Respondent v. Harry Weiss and Martin Schlossman, Appellants

January 11, 1938276 N.Y. 384

Summary

The New York Court of Appeals reversed the kidnapping convictions of Weiss and Schlossman and ordered a new trial, holding that a defendant’s good‑faith belief that he acted with legal authority negates the requisite intent to act “without authority of law.” The majority reasoned that intent is a factual issue for the jury, and the trial judge erred by instructing that good‑faith belief is no defense. A dissent argued that belief is irrelevant and affirmed the convictions.