Opinion
July, 1924.
The judgment appealed from should be reversed and a new trial ordered, upon the ground that reversible error was committed in permitting the testimony to be received in evidence of the witnesses Whitman, Swann, Perkins, Vorhaus, Goldstein, Ecker and Kilroe, and that thereby a collateral issue was raised quite apart from that of the guilt of the defendant upon the indictment in question, the decision of which adversely to the defendant must have prejudiced the determination of the main issue and prevented a fair trial of the case. Clarke, P.J., and McAvoy, J., concur; Smith and Martin, JJ., dissent.
The guilt of the defendant having been conclusively established, I think the jury would have arrived at the same result if the errors committed on the trial had not been committed. I, therefore, vote to affirm. Smith, J., concurs. Judgment reversed and new trial ordered. Settle order on notice.