Opinion
Argued October 12, 1927
Decided October 18, 1927
Appeal from the Supreme Court, Appellate Division, First Department.
John Caldwell Myers and John F. Keating for appellant.
Joab H. Banton, District Attorney ( Edwin B. McGuire of counsel), for respondent.
Judgment of Appellate Division and that of Special Sessions reversed and defendant discharged on ground that there was a failure of proof of conscious possession of a prohibited drug.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ. Not sitting: KELLOGG, J.