The opinion
Judgments reversed and a new trial ordered upon the ground that the colloquy in the presence of the jury with respect to defendant Thompson’s opportunity to look for the store and to bring the proprietor into court put an improper burden on the defense and resulted in a trial that was unfair as a matter of law.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.