Commonwealth v. Berkery

Opinion by

Woodsibe, J.,

The appellant in this case was tried by a judge without a jury and found guilty of an attempt to commit burglary, possession of burglary tools, and conspiracy. The evidence of his guilt was overwhelming.

He seeks a new trial on the ground, among others, that “the trial judge sitting without a jury may well have been influenced by the fact that during the course of the trial, he became aware of the identity of the Defendant who had become the subject of great notoriety and publicity close to the time of the trial.” During the examination of a Commonwealth’s witness whose…