It was error for the trial court to charge, as a matter of law, that Katz was not an accomplice of the defendant. That was a question, on the record here presented, for the jury.

The judgments should be reversed and a new trial ordered.

Lehman, Ch. J., Lohghean, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgments reversed, etc.