Opinion
Submitted May 29, 1928
Decided June 12, 1928
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Guy W. Cheney, District Attorney, for appellant.
Floyd E. Whiteman and Acton M. Hill for respondent.
Judgment affirmed; no opinion.
Concur: CRANE, ANDREWS, KELLOGG and O'BRIEN, JJ.; CARDOZO, Ch. J., POUND and LEHMAN, JJ., vote to modify judgment of the Appellate Division by ordering a new trial instead of dismissing the indictment.