Commonwealth v. Habecker

Opinion by

Teexi.br, P. J.,

The defendant was found guilty of arson. There was no evidence that he actually set fire to the building that was burned, but the Commonwealth endeavored to prove that he was an accessory before the fact. He seeks to set aside the sentence imposed for the following reasons:

First, the fire occurred on April 22,1933. There had been an attempt made previously to burn the same building. A witness had stated that the first fire occurred on March 4, 1933. This fact had been elicited in a series of questions and answers without any objection being made. There was then a…