Opinion
Argued April 10, 1928
Decided May 1, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
Albert Ottinger, Attorney-General ( Henry C. Henderson of counsel), for appellant.
Alton W. Teale for respondents.
In each case order of Appellate Division and that of Special Term reversed and petition for writ of habeas corpus dismissed, upon the ground that the magistrate
Concur: CARDOZO, Ch. J., POUND, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.; CRANE, J., dissents and votes for dismissal of appeal upon the ground that the relators have not been found guilty.