Appellate Division of the Supreme Court of the State of New York May 8, 1946 (People v. Carmichael)

Judgment of conviction and order reversed on the facts and a new trial granted. Appeal from order denying defendants’ motion for a new trial on the ground of newly discovered evidence dismissed as academic. All concur, except Taylor, P. J., who dissents and votes for affirmance. (The judgment convicts defendants of the crime of attempted robbery, first degree.