State v. McCarthy

ARCHIBALD, Justice.

The defendant was indicted, tried in the Waldo County Superior Court before a jury and convicted of breaking, entering and larceny in the nighttime, 1 and has appealed.

We deny the appeal.

Appellant premises his appeal on three claims of error which we will consider in the sequence argued.

I

After the case had been submitted to the jury, the presiding Justice was handed this note from the foreman of the jury:

“Your Honor, was there supposed to be a pair of gloves in the box of evidence ?”

The Justice advised counsel of the receipt of this note and a colloquy ensued during which…