Commonwealth v. Forker

The defendant, Horace M. Porker, Jr., was jointly indicted with Jack Stanley and John Martin for unlawfully attempting to break and enter the gas station of the Pennsylvania Independent Oil Company in the Borough of Boyertown, this county. Stanley and Martin have not been apprehended. Porker was called for trial and, after the Commonwealth had rested, demurred to the testimony. We thereupon gave judgment for the Commonwealth upon the demurrer and adjudged the defendant guilty. This action is now before us for review.

*544It appears from the testimony that about 1 A. M., on July 15, 1927, three…