
    The People of the State of New York, Respondent, v. Harry Carson McNerlin, Appellant.
    Argued January 22, 1962;
    decided February 22, 1962.
    
      
      John E. Gotelli and John E. Egan for appellant.
    
      Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
   Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.  