Opinion
Argued June 1, 1938
Decided July 7, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
Morris Spevack, Haskel Jacobs and Emanuel Bloch for Benjamin N. Spevack, appellant.
Edward C. Maguire and Edmond B. Butler for William Goldis, appellant.
Louis H. Solomon and Arthur Lubell for Samuel Schorr, appellant.
Sol A. Klein for Harold Silverman, appellant.
Thomas E. Dewey, District Attorney ( Barent Ten Eyck, Felix C. Benvenga and E.G. Stoddard of counsel), for respondent.
As to defendants Spevack, Goldis and Schorr: judgment affirmed. As to defendant Silverman: judgment reversed and information dismissed on the ground that his guilt has not been proven beyond a reasonable doubt. No opinion.
Concur: LEHMAN, O'BRIEN, LOUGHRAN and RIPPEY, JJ.; HUBBS and FINCH, JJ., concur as to Spevack, Goldis and Schorr, but dissent as to Silverman and vote to affirm as to him. Taking no part: CRANE, Ch. J.