Judgment affirmed. We are not called upon to pass upon the construction of section 292-a of the Code of Criminal Procedure because on this record it does not appear that the indictment upon which the defendant was tried was found earlier than the indictment with a later number. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. *Page 596