Hammer v. Commonwealth

BIRD, Judge.

William Hammer is charged with stealing motors and other boating equipment. Bethel Hammer, brother of the defendant, owned a houseboat on which he had permitted the owners to store the equipment. It was from this boat that the property was taken.

William Hammer was indicted, tried and convicted on a charge of grand larceny. He appeals.

He first complains that his rights were prejudiced because one of the owners, a prosecuting witness, was foreman of the indicting grand jury. There is no merit in this contention. Section 104 of the Criminal Code of Practice provides as follows :

“If a…