
    Antonio AMBROSIO, appellant, v. Crescenzo MEO, respondent.
    (Supreme Court, Appellate Division, Second Department.
    June 29, 1916.)
    Plaintiffs testimony in the Supreme Court trial, to the effect that he did not say, “Stand back or I will fire,” and that at this time he had no revolver, raised an issue as to the truth of the original charge, so that the jury might find that defendant’s charge was untrue, and possibly infer therefrom malice and want of probable cause. The judgment of dismissal is therefore reversed and a new trial granted, with costs to appellant to abide the event.
   Jenks, P. J., and Thomas, Carr, Rich, and Putnam, JJ., concur.  