Opinion
Submitted April 14, 1943
Decided June 18, 1943
Appeal from the Supreme Court, Appellate Division, Fourth Department, VAN DUSER, J.
Ray F. Fowler for appellant.
Daniel J. O'Mara, District Attorney ( Clarence J. Henry of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS and DESMOND, JJ. Dissenting: RIPPEY and CONWAY, JJ., on the ground the evidence as a matter of law is insufficient to prove guilt beyond a reasonable doubt.