Opinion
May, 1928.
The comment of the trial justice during the course of the trial and the colloquy in reference to the charge necessitate a reversal of this judgment. Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.; Merrell and Finch, JJ., dissent.