
    The People of the State of New York, Respondent, v. John D. Herlihy, Appellant.
    
      People v. Herlihy, 66 App. Div. 534, affirmed.
    (Argued February 21, 1903;
    decided March 7, 1902.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1901, which reversed a judgment of the Court of General Sessions of the city of New York sustaining a demurrer to an indictment against the defendant and overruled said demurrer.
    
      Abram I. Elkus and Carlisle J. Gleason for appellant.
    
      William, Travers Jerome, District Attorney (Howard 8. Gans of counsel), for respondent.
   Judgment affirmed on opinion below.

Concur: Pabkeb, Ch. J., O’Bbien, Babtlett, Haight, Mabtin and Vann, JJ.. Absent: Gbay, J.  