People v. Piscitella

Defendant was charged by an information with the crime of burglary and upon trial was convicted. An appeal was taken from the judgment, and it is urged as grounds for reversal that the evidence was insufficient to support the verdict, that certain remarks of and an instruction by the trial court to the jury, and a ruling upon the admissibility of testimony offered by the defendant were prejudicially erroneous.

According to the testimony of Frank Lauricella, a witness for the prosecution, he with the defendant and one di Bello, at about 1 o’clock A. M. of December 25, 1926, entered a feed store…