Commonwealth v. Ellis

Dissenting Opinion by

Kenworthey, J.:

About one-thirty in the morning of August 10, 1943, appellant appeared at the window of the first floor bedroom of Mrs. Charland. There was testimony that earlier in the evening he had done a considerable amount of drinking. Appellant and Mrs. Charland were ac quainted; she testified, “Well, I have talked with him a few times and was introduced to him”; she had seen “him at drinking establishments in town when [she was] there”; she referred to him as “Bobby.” It is not clear what he did when he first appeared at the window, but at some point in the course…