
    The People of the State of New York, Respondent, v. James Murphy, Appellant.
    
      People v. Murphy, 93 App. Div. 383, affirmed.
    (Argued October 28, 1904;
    decided November 15, 1904.)
    Appeal from a judgment entered April 19, 1904, upon an order- of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment of tlie‘ Richmond County Court sustaining a demurrer to an indictment and overruling such demurrer.
    
      Thomas G. Brown for appellant.
    
      Edward Sidney Ravjson, District Attorney (Sidney F. Rawson of counsel), for respondent.
   Judgment affirmed on opinion below.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Vann and Werner, JJ. Absent: Martin, J.  