
    The People of the State of New York, Respondent, v. Frank L. Smith, Appellant.
    
      People v. Smith, 171 App. Div. —, affirmed.
    (Argued March 6, 1916;
    decided March 21, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1915, which affirmed a judgment of the Chautauqua County Court rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree and also affirmed an order of said court overruling a demurrer to the indictment.
    
      Herman J. Westwood for appellant.
    
      William S. Stearns for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ.; Willard Bartlett, Ch. J., concurs solely on the authority of People v. Lammerts (164 N. Y. 137). Were it not for that decision he should deem the indictment fatally defective.  