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People v. Weiss

Court of Appeals of New York

12 N.E.2d 514 (1938)

Relevant factsFree

During the investigation into the Lindbergh baby kidnapping, Weiss (defendant) and others helped a New Jersey detective apprehend and detain a suspect named Wendel in New York, believing the detective had genuine legal authority to make the arrest and that they were lawfully assisting him. Charged with kidnapping Wendel by confining him without authority of law, Weiss and the others were convicted after the trial judge refused to instruct the jury that a good-faith belief in their authority to act could support acquittal, stating flatly that even if they believed it, it was no defense.

IssueFree

Whether, in New York, a defendant may present a good-faith belief that he was acting with legal authority as a defense to a kidnapping charge.

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