
    The People of the State of New York, Respondent, v. Robert W. Davis, Appellant.
    Argued May 6, 1963;
    decided May 29, 1963.
    
      
      Edward Q. Carr, Jr., and Anthony F. Marra for appellant.
    
      Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
   Judgment reversed and the indictment dismissed upon the authority of People v. Meyer (11 N Y 2d 162). The police officer who preferred the vagrancy charge upon which appellant was arraigned acknowledged that it was merely a pretext upon which to hold him for the homicide. No opinion.

Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Foster and Scilepfl Judges Dye and Burke dissent and vote to affirm upon the authority of People v. Weinstein (11 N Y 2d 1098).  