Opinion
March 4, 1952.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Bergan, JJ.; Cohn and Van Voorhis, JJ., dissent in part voting to reverse the conviction of assault in the third degree and to dismiss that charge in the information, but to affirm the conviction upon the charge of practicing medicine without a license. The assault charge cannot be sustained in view of the consent of the complainant who was a person of mature age.
Judgment affirmed. No opinion.