Opinion
Argued October 27, 1938
Decided December 6, 1938
Appeal from the Richmond County Court.
William C. Casey and Peter F. Gulotta for appellant.
Frank H. Innes, District Attorney ( Thomas K. Hall of counsel), for respondent.
Judgment of conviction affirmed under the provisions of section 542 of the Code of Criminal Procedure. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS and FINCH, JJ. LEHMAN, LOUGHRAN and RIPPEY, JJ., dissent on the ground that the question of fact presented is too close to permit us to overlook the errors committed at the trial; and RIPPEY, J., dissents on the additional ground that the evidence of guilt was insufficient to warrant a conviction, and the indictment should be dismissed.