¶1In the case of Hannah v. McKellip, 49 Barb. 342, this precise question was decided, and it was there held that the evidence offered was inadmissible, and for such error a new trial was granted.
¶2That case has been since followed in Berner v. Mittnacht, 2 Sweeney, 582.
¶3Being satisfied that the foregoing decisions are sound in principle and binding as authority, the judgment of conviction in this case' against the plaintiff in error must be set aside and a new trial granted.
¶4Parker and J, Potter, JJ., concurred.
¶5New trial granted.