People v. St. Clair — 179 N.Y. 578

Majority

p. 578

The People of the State of New York, Respondent, v. Lawrence H. St. Clair, Appellant.

Headnote

People v. St Clair, 90 A'pp. Div. 239, reversed.

(Submitted October 7, 1904;

decided October 25, 1904.)

Appeal from an order of the Appellate Division of the. Supreme Court in the first judicial department, entered January 28, 1904, which affirmed a judgment of the Court of Special Sessions of the city of New York, convicting the defendant of a violation of section 675 of the Penal Code.

James W. Osborne, Otto T. Hess and William H. Wherry, Jr., for appellant.

William Travers Jerome, District Attorney (Howard S. Gams of counsel), for respondent.

Judgment of conviction reversed and defendant discharged on the authority of People v. Weiler ( 179 N. Y. 46 ).

Concur: Cullen, Ch. J., O’Brien, Martin, Vann and Werner, JJ. Absent: Gray and Haight, JJ.