
    The People of the State of New York, Appellant, v. William Engeman et al., Respondents.
    
      People v. Engeman, 129 App. Div. 462, affirmed.
    (Argued May 12, 1909;
    decided June 1, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1908, which affirmed an order of the Kings County Court sustaining a demurrer to an indictment accusing defendants of being common gamblers in violation of section 344 of the Penal Code.
    
      John F. Clarice, District Attorney (.Robert AT. Elder of counsel), for appellant.
    
      William, C. De Witt, Charles II. Hyde, Joseph 8. Auerbach, John B. Stcmchfield and Charles H. Tuttle for respondents.
   Order sustaining demurrer affirmed ; no opinion.

Concur: Edwaed T. Babtlett, Haight, Webneb, Willabd Babtlett, Hiscock and Chase, JJ. Absent: Cullen, Ch. J.  