Fennen v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Affirming.

The appellant was given a life sentence under sections 1159 and 1130 of our Statutes for having possession of burglar’s tools with intention of using them burglariously. His timely motion for a new trial was overruled, and he has appealed.

The Indictment.

He has attacked the indictment against him, which, after charging the defendant with possession of these tools and with intent to use them burglariously, further charged:

‘ ‘ The Grand Jury further charges that the said Herman Fennen, alias Harry Fennen, alias Harry Freeman, alias Gerke Finen,…