Franks v. Commonwealth

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Defendant, Bert Franks, was convicted of the crime of feloniously breaking into a warehouse with intention to steal therefrom, and given a sentence of from two to four years in the State penitentiary. Pie appeals.

According to the evidence for the Commonwealth, the frame building owned by the Old Tub Fowler Distilling Company, and located on the corner of Upper Mill and Water Streets, in Falmouth, was broken into and a quantity of whiskey taken from a barrel. In the room with tbr barrel were some jugs. One of the jugs held five…