Opinion
Argued November 28, 1927
Decided December 13, 1927
Appeal from the Supreme Court, Appellate Division, First Department.
Leonard J. Obermeier, Oscar S. Rosner and Alvin S. Rosenson for appellant.
Joab H. Banton, District Attorney ( William B. Moore of counsel), for respondent.
Judgment of Appellate Division and that of Court of Special Sessions reversed and information dismissed upon the ground that there is no evidence that any written or printed matter was in the possession of the defendant.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ. Not sitting: KELLOGG, J.