Opinion
Argued May 26, 1941
Decided June 19, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, HILL, J.
James E. Wilkinson for appellant.
Fred J. Munder, District Attorney ( Harry C. Brenner of counsel), for respondent.
Judgment affirmed. We are not called upon to pass upon the construction of section 292-a of the Code of Criminal Procedure because on this record it does not appear that the indictment upon which the defendant was tried was found earlier than the indictment with a later number. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.