Commonwealth v. Day

Hargest, P. J.,

This case has been tried twice and was the subject of two previous opinions, due to the uncertain way in which the writer, as the trial judge, submitted it to the jury upon the first trial.

The defendants were charged with the fraudulent conversion of an automobile and the proceeds thereof, and also with larceny by bailee of that car. At the first trial, held December 11, 1929, it appeared that the defendants were part*137ners in the automobile business. On January 2,1929, Harry A. Hartzell, prosecutor, purchased from the defendants an Auburn cabriolet automobile, giving in payment…