Opinion
Argued November 27, 1933
Decided December 12, 1933
Appeal from the Supreme Court, Appellate Division, First Department.
William T. Harris and George W. Wickersham for appellant.
Thomas C.T. Crain, District Attorney ( John C. McDermott of counsel), for respondent.
Judgment reversed and new trial ordered on the authority of People v. Downs ( 236 N.Y. 306). No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.