Opinion
Argued March 16, 1948
Decided April 22, 1948
Appeal from the Supreme Court, Appellate Division, First Department, COOPER, P.J., DOYLE, NORTHROP, JJ.
John Logan O'Donnell and Martin V. Callagy for appellant.
Frank S. Hogan, District Attorney ( Edward T. Perry and Whitman Knapp of counsel), for respondent.
Judgments reversed and information dismissed upon the ground that the evidence did not warrant a finding of the guilt of the defendant beyond a reasonable doubt. ( People v. Orr, 270 N.Y. 193; People v. Cooperman, 279 N.Y. 599; People v. Mantin, 184 App. Div. 767.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.