Rogers v. State

John M. Kellogg, P. J.:

If there is any merit in the appeals, under the circumstances they should not be dismissed for failure to file papers on appeal. The defendant claims that the decision in Butter-field v. State of New York (221 N. Y. 701) shows that the appeals are without merit. The appellants, while not showing that this case differs materially from that case, contend that the Butterfield decision is based solely on Buckles v. State of New York (221 N. Y. 418), and that chapter 420 of the Laws of 1916 was not properly brought to the attention of the Court of Appeals, and that the…