
    PEOPLE, Respondents, v. MUELLER, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 18, 1899.)
    Proceeding by the people of the state of New York against Jacob Mueller.
   PER CURIAM.

Judgment of conviction modified by striking therefrom the words, “and in default of the payment thereof to be committed to the Erie county penitentiary, at hard labor, until such fine shall be paid, not exceeding one day’s imprisonment for each and every dollar so imposed as a fine,” and, as so modified, judgment affirmed. The judgment to be entered and certified to the supreme court of Erie county, pursuant to section 547 of the Code of Criminal Procedure. All concur, except WARD, J., not voting.  