Commonwealth v. Lynott

Opinion by

Cunningham, J.,

Appellant was convicted and sentenced upon an indictment charging him with having obtained $75 from Charles S. Dunn by means of certain false pretenses therein specified. He has appealed for a new trial solely upon the ground that the learned trial judge, Leach, P. J., erred in refusing the motions of his counsel for the withdrawal of a juror because the assistant district attorney, during his closing address to the jury, made two remarks which appellant contends were improper and highly prejudicial.

It is not necessary to recite the details of the evidence in behalf…