Opinion
Argued October 9, 1944
Decided November 30, 1944
Appeal from the Supreme Court, Appellate Division, First Department, BOHAN, J.
It was error for the trial court to charge, as a matter of law, that Katz was not an accomplice of the defendant. That was a question, on the record here presented, for the jury.
The judgments should be reversed and a new trial ordered.
LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.
Judgments reversed, etc.