Commonwealth v. Tomaino

Opinion by

Gunther, J.,

Joseph S. Tomaino and Thomas Preño, appellants, were indicted on three counts: (1) willfully setting fire to a building; (2) causing the building to be burned; and (3) aiding, counselling and procuring the burning of the building. A jury returned verdicts as to both appellants as follows: “Guilty on the third count, having caused the fire to be set”. Both defendants have appealed from the dismissal of their motions in arrest of judgment and for a new trial contending that (1) the evidence is insufficient to support the verdicts; and (2) that the verdicts were so…