Opinion
Argued May 23, 1944
Decided June 14, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, PAIGE, P.J., HOFMANN, OLIVER, JJ., BURLINGAME, P.J., MILLER and WIEBOLDT, JJ.
Saul L. Harris, Raymond Zeitz and William Roth for appellant.
Thomas Cradock Hughes, District Attorney ( William I. Siegel of counsel), for respondent.
Judgments reversed and information dismissed on the ground that the evidence is not sufficient to sustain the finding of guilt beyond a reasonable doubt. No opinion.
Concur: LEHMAN, Ch. J., RIPPEY, LEWIS and THACHER, JJ. Dissenting: LOUGHRAN, CONWAY and DESMOND, JJ.