
    The People of the State of New York, Respondent, v. David H. Bergman, Appellant.
    (Argued April 15, 1931;
    decided May 12, 1931.)
    
      Henry Hirschberg for appellant.
    
      Franklin A. Schriver, District Attorney, for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed and a new trial ordered on the ground that the evidence fails to show that the fire which destroyed the defendant’s property was of incendiary origin; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.  