Opinion
Argued January 8, 1935
Decided January 24, 1935
Appeal from the Supreme Court, Appellate Division, Second Department.
William F.X. Geoghan, District Attorney ( Ralph K. Jacobs and Henry J. Walsh of counsel), for appellant.
Irwin N. Wilpon and Burton B. Turkus for respondent.
The question whether defendant willfully burned or set on fire the building or structure described in the indictment, with intent to prejudice or defraud the insurer of the tenant's insurable interest in improvements and betterments to the building, may be submitted to the jury upon the new trial.
The order should be affirmed.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; CRANE, Ch. J., and CROUCH, J., dissent.
Order affirmed.