People v. Weiss

276 N.Y. 384, 12 N.E.2d 514 (1938)

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Nature of the Case

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Facts

Weiss (D) and others assisted a New Jersey detective in the investigation of the Lindbergh murder case. D helped the detective seize a defendant in order to extort a confession from him. D claimed that the detective had assured D that all of this activity was within the law. D was charged with kidnapping. At trial, the court excluded evidence that the detective had told D that he had the authority to make the arrest. The trial judge held that good faith was no defense to the charge of kidnapping. D was convicted and appealed.