Opinion
Argued February 23, 1939
Decided March 7, 1939
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Victor F. Boire of counsel), for appellants.
Hayden H. Dadd for respondent.
Order of the Appellate Division reversed and that of the Trial and Special Term affirmed on the ground that the determination of the Appellate Division is against the weight of the evidence and relator remanded to custody. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.