
    The People of the State of New York, Respondent, v. Herbert W. Smith, Appellant.
    
      Crimes — murder in first degree — judgment of conviction affirmed.
    
    (Argued June 5, 1922;
    decided July 12, 1922.)
    Appeal from a judgment of the Supreme Court rendered January 18, 1922, at a Trial Term for the county of Chenango upon a verdict convicting the defendant of the crime of murder in the first degree.
    
      David F. Lee for appellant.
    
      Ward N. Truesdell, District Attorney, for respondent.
   Judgment of conviction affirmed under the provisions of section 542 of the Code of Criminal Procedure; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Dissenting: Hogan, J.  