People v. Larkin — 234 N.Y. 530

Majority

p. 530

The People of the State of New York, Respondent, v. James Larkin, Appellant.

Headnote

Crimes — criminal anarchy — judgment of conviction affirmed.

People v. Larkin, 200 App. Div. 858 , affirmed.

(Submitted June 14, 1922;

decided July 12, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1922, which affirmed a judgment rendered at an Extraordinary Trial Term upon a ver

p. 531

diet convicting the defendant of the crime of criminal anarchy.

Frank P. Walsh, John J. O’Leary and Walter Nelles for appellant.

Joab H. Banton, District Attorney (John Caldwell Myers of counsel), for respondent.

Judgment affirmed on authority of People v. Gitlow. ( 234 N. Y. 132 ).

Concur: Hiscock, Ch. J., Hogan, McLaughlin, Crane and Andrews, JJ. Dissenting on ground stated in opinion of Pound, J., in People v. Gitlow ( 234 N. Y. 132 ): Cardozo and Pound, JJ.