
    PEOPLE, Respondent, v. MERRITT, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    March 15, 1912.)
    Proceeding by the People of the State of New York, against Daniel Merritt.
   PER CURIAM.

Judgment of conviction, of the County Court of Westchester County reversed, and new trial ordered, for errors committed on the trial, as shown at folios 40, 79,. and 100 of the record.

JENKS, P. J., and HIRSCHBERG, J.,

dissent, upon the ground that the errors were nofc capital.  