
    The People of the State of New York, Appellant, v. Caleb W. Mitchell, Respondent.
    (Argued Maxell 19,1894;
    decided April 10, 1894.)
    Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8. 1892, which reversed a judgment of the Court of Sessions of Saratoga county entered upon a verdict convicting the defendant of keeping a gambling house in violation of section 343 of the Penal Code.
    The following is the mem. of opinion in full:
    “ The defendant was charged with keeping a gambling house and was found guilty by the jury and sentenced to pay a fine of $500. Upon appeal from the judgment of conviction, it was reversed on the facts by the General Term and the discharge of the prisoner ordered. The People then appealed to this court. The appeal, however, should be dismissed. The power to review the facts ended with the action of the General Term and they have exercised it by ordering a reversal of the conviction; placing their order expressly upon the facts and not upon the law. The appeal presents no exception and this court, sitting only for the correction of errors of law, is not required further to review the questions of fact.
    
      “ The appeal should be dismissed.”
    
      T. F. Hamilton for appellant.
    
      J. 8. HAmoreaux for respondent.
   Gbay, J.,

reads mem. for dismissal of appeal.

All concur.

Appeal dismissed.  