Commonwealth v. Gray

BODLEY, J.,

— Following trial before the undersigned and a jury on November 25 and 26, 1968, Donald Gray was found guilty of burglary, larceny, receiving stolen goods, conspiracy and possession of burglary tools. Motions for new trial and in arrest of judgment were duly filed and have been argued before the court en banc. The sole question presented to the court for disposition is whether or not the trial judge erred in his comments to the jury concerning the defense of intoxication. The relevant facts follow.

*148At approximately 2 a.m. on January 31, 1968, a Falls Township police officer noticed…