
    The People of the State of New York, Respondent, v. Arthur Logan, Appellant.
    
      People v. Logan, 128 App. Div. 918, reversed.
    (Argued March 2, 1910;
    decided March 22, 1910.)
    Appeal from „ an order, of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1908, which affirmed a.',judgment of the Niagara County Court, rendered, upon ‘ ¿¿verdict convicting the defendant of the crime of grand larcency in the second degree. . • • •
    
      D. E. Brong for appellant.
    
      Fred M. Ackerson for respondent.
   Judgment of conviction reversed and new trial ordered, on xe ground of the error in .requiring, over objection and xception, the, defendant to testify that he had commenced a ivil action for false arrest; no opinion.

Concur: Cullen, Ch. J.,-Werner,-Willard- Bartlett d Hiscock, JJ. Dissenting; Gray and Edward -T.- Barttt, JJ. Absent: Chase, J. // , '  