
    The People of the State of New York, Respondent, v. Robert W. Barnes, Appellant.
    Argued January 16, 1946;
    decided March 7, 1946.
    
      
      Thomas L. Newton and Julian J. Evans for appellant.
    
      John 8. Marsh, District Attorney, for respondent.
   Judgment affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Thacher, JJ. Dye, J., dissents and votes to order a new trial. Medalie, J., deceased.  