Opinion
Argued January 24, 1938
Decided March 8, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
John J. Bennett, Jr., Attorney-General ( Maurice H. Matzkin, Joseph A. McLaughlin and Abraham H. Brodsky of counsel), for appellant.
C. Joseph Danahy for respondent.
Judgment affirmed; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN and RIPPEY, JJ. Taking no part: HUBBS, J. FINCH, J., dissents in the following memorandum:
I dissent and vote to reverse. To construe the statute thus narrowly is unnecessarily to limit the reasonable enforcement of a provision of the criminal law enacted for the public welfare.