State v. Gaiolas

Defendant was found guilty after a trial by jury of larceny of a Zenith television set from the J.M. Fields store in Salem. The defendant’s exception to the trial court’s permitting to stand an alleged prejudicial remark in the prosecutor’s closing argument was reserved and transferred by Cann, J.

On September 15, 1973, a shipment of Zenith television sets had been delivered to the J.M. Fields store in Salem and stored in a locked area near the door of the store. The store’s manager testified that at 6:30 p.m. that night he found the gate to the locked area open. He observed a man he…