Opinion
Argued October 7, 1929
Decided October 25, 1929
Appeal from the Court of General Sessions of the Peace of New York County.
Alexander I. Rorke, Ira Holley, Noah L. Braunstein, Joseph W. O'Donnell and Frederick L. Kane for appellant.
Joab H. Banton, District Attorney ( Robert C. Taylor of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ.; KELLOGG, J., dissents upon the ground that the evidence fails to show that the defendant committed the homicide while engaged in the commission of a felony.