Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

People v. Weiss

Court of Appeals of New York
12 N.E.2d 514 (1938)



During the investigation of the kidnapping and murder of the Lindbergh baby in New Jersey, a man named Wendel became a wanted suspect. Weiss (defendant) and others assisted a New Jersey detective in apprehending and detaining Wendel in New York. Prior to appending Wendel, Weiss and the others were led to believe by the detective that he had the authority to make the arrest and that Weiss and the others were authorized to assist. Weiss and the others were charged with seizing, confining or kidnapping Wendel, with intent, to cause him to be confined within the state without authority of law. At trial, the judge refused to instruct the jury that a good faith belief on the part of Weiss that he and the others were authorized to apprehend Wendel was a defense warranting acquittal. There, the trial judge said “even if they did believe it, it is no defense in this case.” Weiss and the others were convicted and they appealed.

Rule of Law


Holding and Reasoning (O'Brien, J.)

Dissent (Crane, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial