
    The People of the State of New York, Respondent, v. Frank S. Weller, Appellant.
    
      People v. Weller, 98 App. Div. 623, affirmed.
    (Argued January 26, 1905:
    decided February 21, 1905.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 18,1904, affirming a judgment rendered at a Trial Term for the county of New York upon a verdict convicting the defendant of the crime of grand larceny in the first degree.
    
      Chtwles F. Brown and Henry W. Hardon for appellant.
    
      William Travers Jerome, District Attorney (Robert O. Taylor of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Haight and Werner, JJ. Dissenting: Bartlett and Vann, JJ.  