Opinion
Argued October 7, 1946
Decided October 18, 1946
Appeal from the Supreme Court, Appellate Division, First Department, McDONALD, P.J., PAIGE, NORTHROP, JJ.
Stanley A. Katcher for Jay Mitchell and Jessica Norman, appellants.
Morris L. Ernst, Alexander Lindey and Theodora S. Zavin for The Society of Magazine Photographers, amicus curiae. Frank S. Hogan, District Attorney ( Whitman Knapp and David Du Vivier of counsel), for respondent.
Judgments reversed and informations dismissed upon the ground that the evidence was insufficient to establish the guilt of any of the defendants beyond a reasonable doubt. No opinion.
Concur: LEWIS, CONWAY, THACHER, DYE and FULD, JJ. LOUGHRAN, Ch. J., and DESMOND, J., concur as to the defendants Acquista and Norman, but dissent and vote to affirm the judgment as to the defendant Mitchell.