
    The People of the State of New York, Respondent, v. Hiram Cole, Appellant.
    
      People v. Cole, 173 App. Div. 956, appeal dismissed.
    (Argued May 27, 1918;
    decided June 4, 1918.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 19, 1916, which affirmed a judgment of the Steuben County Court rendered upon a verdict convicting the defendant of the crime of rape in the first degree.
    The motion was made upon the ground of failure to file the return.
    
      Edwin S. Brown for motion.
    No one opposed.
   Motion granted and appeal dismissed.  