Lombardi v. People

Plaintiff in Error, to whom we hereafter refer as Defendant, was convicted of burglary with force. The jury found him not guilty of larceny of liquor, with which he was charged in the second count of the information, which liquor it was alleged he had stolen during the burglary.

Error is assigned to the court’s ruling on Defendant’s motion for a directed verdict of not guilty on the burglary charge. On this motion the only question was as to the identity of the person, or persons, who forcibly broke into and entered Mr. Bacher’s store in Jefferson county on February 6, 1949.

The evidence…