
    Supreme Court—General Term—Third Department
    May 14, 1895.
    PEOPLE v. THOMAS MAXWELL.
    (67 St. Rep. 541; 86 Hun, 620.)
    Appeal—Criminal law.
    A judgment of conviction, in a criminal action, will be reversed on appeal, where the circumstances, though strongly suspicious, do not exclude every hypothesis except the guilt of defendant.
    Appeal from a judgment of .conviction for burglary.
    George M. Albot, for appellant.
    Leonard F. Fish, district attorney, for the People.
   PER CURIAM.

This judgment should be reversed. The circumstances are strongly suspicious, but are mot sufficient to warrant conviction. They do not exclude every hypothesis except the guilt of defendant.

Judgment of conviction reversed.  