Opinion
Argued December 3, 1941
Decided January 15, 1942
Appeal from the Supreme Court, KINGSLEY, J.
Richard P. Byrne, D. Charles O'Brien and Joseph L. Petrunick for appellant.
Donald M. Mawhinney, District Attorney ( Clarence Unckless of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS, CONWAY and DESMOND, JJ. RIPPEY, J., dissents and votes to reverse the judgment of conviction and to order a new trial on the ground that errors in the admission of evidence and in the charge are of such a serious nature that in his opinion they affect the substantial rights of the defendant and cannot be disregarded under section 542 of the Code of Criminal Procedure.