Commonwealth v. Ellis

Opinion by

Me. Justice Patteeson,

Eobert A. Ellis, appellant, was indicted and tried for burglary under Section 901 of the Act of 1939, P. L. 872, 18 PS Section 4901, which provides: “Whoever, at any time, wilfully and maliciously, enters any building, with intent to commit any felony therein, is guilty of burglary ...” A jury returned a verdict of guilty of “an attempt to break and enter building with the intent to commit rape.” 1 A motion for a directed verdict was refused. No request was made for a new trial. Appeal was taken to the Superior Court, which court affirmed the court below, two…