
    The People of the State of New York, Respondent, v. Mortimer Burns, Appellant.
    
      People v. Burns, 73 App, Div. 611, affirmed.
    (Argued October 30, 1902;
    decided January 13, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1902, which affirmed a judgment of the Cayuga County Court rendered upon a verdict convicting the defendant of the crime of rape in the first degree.
    
      Robert L. Drummond for appellant.
    
      Harry T. Dayton, District Attorney, for respondent.
   Judgment of conviction affirmed ; no opinion.

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