State v. McElroy

This is an indictment in which three defendants, James E. McElroy, Arthur Rushton and Maus Wheelwright, were charged with conspiracy to burn an unoccupied dwelling house. Upon arraignment in the superior court McElroy pleaded nolo contendere and the other two defendants pleaded not guilty. Thereafter the case proceeded to trial before a jury, which acquitted Wheelwright but returned a verdict of guilty against Rushton, who will hereinafter be referred to as the defendant. His motion for a new trial was later denied, and the defendant’s bill of exceptions to that and other rulings made by the…