State v. Small

DUFRESNE, Justice.

Tried by jury on an indictment under 17 M.R.S.A. § 2103 charging the breaking and entering in the nighttime of the store of one George Litrocapes and the commission of larceny therein, the defendant was found guilty and has appealed from the judgment of conviction. The errors assigned and argued are, (1) to the admission of evidence at trial, (2) to the instructions to the jury and (3) to the denial of a motion for a new trial.

We summarize the evidence. Following a view by the jury, the State presented as witnesses Mr. Litrocapes, the owner of the store, two neighbors who…