State v. Atkinson

ARCHIBALD, Justice.

Paul Atkinson and Richard Pinkham have appealed from a judgment entered on a jury verdict finding each of them guilty of breaking and entering the store of Alice *33Adams in the nighttime and committing larceny therein. 17 M.R.S.A. § 2103.1

Although the Lincoln County grand jury had charged the appellants in separate indictments, the cases were consolidated for trial. Rule 13, M.R.Crim.P.

We deny the appeals.

I

On December 28, 1975, at approximately 11:15 p. m., Deputy Sheriff Lawrence was proceeding to an area known locally as Head Tide to investigate a report of a “suspicious…