
    The People of the State of New York, Respondent, v. Warren Nelson, Appellant.
    
      People v. Nelson, 133 App. Div. 893, affirmed.
    (Argued June 13, 1910;
    decided September 27, 1910.)
    Appeal from an order of the Appellate Division of the • Supreme Court in the first judicial department, entered June 18, 1909, which affirmed a judgment of the Court of General Sessions in the county of New York rendered upon a verdict convicting the defendant of the crime of rape in the second degree and also affirmed an order denying a motion for a new trial.
    
      
      Ciarle L. Jordan for appellant.
    
      Charles S. Whitman, District Attorney (Robert 8. Johnstone of' counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cullen, Oh. J., Haight, Yann, Willard Bartlett, Hiscock and Chase, JJ. Absent: Gray, J.  