Commonwealth v. Costello

Milner, J.,

— In my opinion the motion in arrest of judgment in this case must be granted.

Defendants waived a jury trial and were tried before Judge MacElree on bills of indictment numbered 978 to 983, inclusive, of April sessions 1954, and 1010 to 1017, inclusive, of February sessions 1955. The trial judge made a finding of guilty on bills 978, 981 and 982, and bills 1014 to 1017, inclusive, and a finding of not guilty on the remaining bills. The distinc*536tion is significant. Defendants are public officers, one a magistrate and the other an elected constable. The finding was one of guilty on…