Roy Sullivan is indicted on a charge of robbery. Lawrence Kilroy, a witness, has previously pleaded guilty to robbery in the third degree in an attempt to steal the payroll of a dye factory from the proprietor, Abraham Kaufman.
Kilroy testifies that Sullivan was an accomplice in the attempted robbery. The judge, after hearing the testimony of Kilroy and other witnesses, directs the jury to find the defendant not guilty on the grounds that there is insufficient evidence to convict.