
    The People of the State of New York, Appellant, v. William Nash, Respondent.
    
      People v. Nash, 128 App. Div. 909, affirmed.
    (Argued November 25, 1908;
    decided December 15, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 9,1907, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial in an action to recover a penalty for alleged illegal fishing.
    
      John R. Fanning for appellant.
    
      George B. Draper for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner and Chase, JJ. Dissenting: Hiscock, J.  