Commonwealth v. Fry

Rice, P. J.,

At the November sessions, 1940, defendant was tried before a jury on an indictment containing three counts, charging (1st) burglary of a vacant tenant house of Norman A. Brookhart, the prosecutor; (2nd) larceny from the said house of five sets of window sash, with glass, the property of the prosecutor; and (3rd) burglary of a barn of the prosecutor and larceny therefrom of certain articles, the property of the prosecutor; and was found guilty of all three counts. *20Defendant made a motion for a new trial, assigning five reasons in support thereof, which we will call original…