State v. Frisby

STIFTEL, President Judge.

Edward E. Frisby has moved for acquittal or in the alternative for a new trial as the result of his conviction for burglary fourth degree in the Superior Court. This opinion deals with Frisby’s motion.

The controversy arose out of events which occurred on June 1, 1967. On that evening several unidentified men were seen inside a service station located at Fourth and Pine Streets several hours after the station had been closed. An eye witness on the scene testified that she saw one of the men carry something outside the station toward a car. She could not identify the…