
    The People of the State of New York, Respondent, v. Edward J. Rice, Appellant.
    (Argued June 23, 1891;
    decided October 6, 1891.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made February 2, 1891, which reversed a judgment entered upon an order of the Oyer and Terminer of the county of Monroe sustaining a demurrer to the indictment therein.
    
      John Van Voorhis for appellant.
    
      George A. Benton for respondent.
   Agree to affirm on opinion below.

All concur, except Ruger, Ch. J., not voting.

Judgment affirmed.  