People v. Bergman — 256 N.Y. 628

Majority

p. 628

The People of the State of New York, Respondent, v. David H. Bergman, Appellant.

(Argued April 15, 1931;

decided May 12, 1931.)

Henry Hirschberg for appellant.

Franklin A. Schriver, District Attorney, for respondent.

Judgment of the Appellate Division and that of the Trial Term reversed and a new trial ordered on the ground that the evidence fails to show that the fire which destroyed the defendant’s property was of incendiary origin; no opinion.

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