Commonwealth v. McQueen

Opinion by

Woodside, J.,

The defendant was convicted after trial by jury of burglary and larceny. The only question before us is whether there was error in the charge of the court, particularly relating to alibi, which entitles him to a new trial. The Commonwealth contended that five boys, including the defendant, committed the offenses on the night of March 28, 1953. Two of the five boys said they did, and testified that the defendant participated in the crimes.

The defendant, who was not taken into custody until nearly four months after the offenses were committed, denied his guilt and said he…