Opinion
May 3, 1950.
Present — Taylor, P.J., Love, Vaughan, Kimball and Piper, JJ.
Judgment of conviction and order reversed on the law and facts and a new trial granted, on the ground that the verdict of the jury is against the weight of evidence. All concur, except Taylor, P.J., who dissents and votes for affirmance. (The judgment appealed from convicts defendant of the crime of assault, second degree. The order denies a motion for a new trial.)