People v. Viola

Defendants appeal from judgments of conviction of the crimes of burglary in the third degree and petit larceny. Together with one Edward Kalbus they were charged with breaking and entering the store of Henry J. Powell, in the city of Troy, N. Y., with the intent to commit the crime of larceny therein; and, by a second count, of having committed larceny therein by stealing therefrom a quantity of dates and nuts, amounting in value to the sum of $21.05. Kalbus was permitted to enter a plea of guilty to the crime of unlawful entry. The appellants stood trial, were convicted of the crimes…