
    The People of the State of New York, Respondent, v. Robert L. Whitson, Jr., Appellant.
    
      Crimes — rape — judgment of conviction reversed.
    
    
      People v. Whitson, 195 App. Div. 910, reversed.
    (Submitted June 6, 1922;
    decided July 12, 1922.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 17, 1921, which affirmed a judgment of the Chemung County Court rendered upon a verdict convicting the defendant of the crime of rape in the second degree.
    
      Wilmot E. Knapp for appellant.
    
      Raymond F. Nichols for respondent.
   Judgment reversed and new trial granted on dissenting opinion of Cochrane, J., below.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  