Opinion
Argued October 23, 1933
Decided November 21, 1933
Appeal from the Supreme Court, Appellate Division, First Department.
Harry Tabershaw and Theodore N. Tarlau for appellant.
Thomas C.T. Crain, District Attorney ( Joshua Egelson of counsel), for respondent.
Judgment reversed and information dismissed on the ground that there is no evidence of present intent to defraud when the check was given. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.