
    The People of the State of New York, Respondent, v. Thomas Acerra, Appellant.
    Argued January 15, 1940;
    decided February 27, 1940.
    
      David F. Price and Sol A. Klein for appellant.
    
      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgments reversed and new trial ordered on the ground that the evidence is insufficient as matter of law to prove guilt beyond a reasonable doubt. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Sears and Conway, JJ, Dissenting: Finch and Lewis, JJ.  