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People v. O'Rourke

116 A.D. 397 Court First Department, Decision date 1906-12-07 English

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p. 397
The People of the State of New York, Appellant, v. Bernard J. O’Rourke, Respondent.[1]
First Department,
December 7, 1906.

Headnote

Appeal by the plaintiff, The People of the'State of New York, from an order of the Court of Special Sessions of the'City of New York, First Division, entered in the office of the clerk of said court on the 3d day of August, 1906, .arresting the judgment and discharging the defóndant' in the above-entitled action.
Julius M. Mayer, Attorney-General, for the appellant.
Frederick B. House, for the respondent.

The questions arising in this case are the same as those presented in the case of People v. Williams ( 116 App. Div. 379 ), decided herewith ; and for the reasons stated in the prevailing opinion in that case the order appealed from is affirmed.

Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ.; Ingraham and Houghton, JJ., dissented.

Order affirmed. . Order tiled.