The opinion
Crane, J. (dissenting).
These men were committing robbery. When caught at it, Walsh tried to shoot his way out. He killed while he and his associates were committing a felony. Therefore, I am for affirmance, even though there were slight errors in the charge.
Concur: Pound, Ch. J., Lehman and O’Brien, JJ. Crane, J., dissents in memorandum. Not sitting: Kellogg and Hubbs, JJ.
Judgments of conviction reversed, etc.