Opinion
Argued April 11, 1944
Decided May 18, 1944
Appeal from the Supreme Court, Appellate Division, First Department, BAYES, P.J., and WIEBOLDT, J.; PERLMAN, J.
Louis J. Lefkowitz for appellant.
Frank S. Hogan, District Attorney ( Milton H. Spiero of counsel), for respondent.
Judgments reversed and information dismissed on the ground that the evidence is insufficient to sustain a finding of guilt beyond a reasonable doubt. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, CONWAY and THACHER, JJ. Dissenting: LEWIS and DESMOND, JJ. Taking no part: RIPPEY, J.