
    The People of the State of New York, Respondent, v. James Horn, Appellant.
    Argued March 6, 1940;
    decided April 9, 1940.
    
      Frederick J. Sullivan, Samuel W. Greenwald and Thomas B. Dyett for appellant.
    
      Thomas E. Dewey, District Attorney (Stanley H. Fuld and Manuel Robbins of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Finch, Rippey, Sears and Lewis, JJ. Lotjghran and Conway, JJ., dissent on the ground that it was material error to receive in evidence statements made by the deceased in the presence of the defendant when the defendant was in custody.  