
    The People of the State of New York, Appellant, v. Burt C. Brown, Respondent.
    (Argued February 25, 1907;
    decided March 12, 1907.)
    
      People v. Brown, 110 App. Div. 490, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 17,1906, which reversed a judgment of the Herkimer County Court rendered upon a verdict convicting the defendant of the crime of arson in the third degree.
    
      
      George W. Ward for appellant.
    
      A. M. Mills and II. A. Be Coster for respondent.
   Order affirmed on the first two • grounds stated in the prevailing opinion below.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner and Willard Bartlett, JJ. Not sitting: Hiscock, J.  