Majority
p. 767The People of the State of New York, Respondent, v. Robert W. Barnes, Appellant. Argued January 16, 1946; decided March 7, 1946.
p. 768
Thomas L. Newton and Julian J. Evans for appellant.
John 8. Marsh, District Attorney, for respondent.
Judgment affirmed; no opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Thacher, JJ. Dye, J., dissents and votes to order a new trial. Medalie, J., deceased.