Opinion
Argued June 4, 1942
Decided July 29, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, JOHNSON, J.
David F. Price, George W. Martin and Montague Casper for appellant.
Edward J. Neary, District Attorney ( Philip Huntington of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS, CONWAY and DESMOND, JJ. RIPPEY, J., dissents on the ground that there was error in the charge.