State v. Hart

This is an indictment charging that the defendant “ * * did break and enter in the nighttime a certain building, to wit, the shop of Ultra Lux Cleaners, Inc., a corporation, with intent to commit larceny.” The case was tried to a superior court justice and a jury which returned a verdict of guilty. It is before us on the defendant’s bill of exceptions wherein he assigns as errors, the denial of his motion for a directed verdict and the denial of his motion for a new trial.

After the parties had rested, defendant moved for a directed verdict. He based this on the proposition that the evidence,…