People v. Nakamori — 256 N.Y. 621

Majority

p. 621

The People of the State of New York, Respondent, v. Kiyo Nakamori, Appellant. The People of the State of New York, Respondent, v. Junzo Ohare, Appellant.

(Argued April 10, 1931;

decided May 12, 1931.)

Ferdinand Pécora and Harry C. Kane for appellants.

Thomas C. T. Crain, District Attorney {John C. McDermott of counsel), for respondent.

Judgments in each action reversed and informations dismissed upon the ground that the evidence does not establish the crime charged in the informations; no opinion.

Concur: Pound, Lehman, Kellogg and O’Brien, JJ. Dissenting: Gardozo, Ch. J., Crane and Hubbs, JJ.