Commonwealth v. Kelly

Opinion by

Cunningham, J.,

This appeal by Clement Kelly from the judgment and sentence following his conviction of having broken and entered the drug store of Herman Finkelstein, by night and with intent to steal, is based solely upon alleged errors in the charge of the trial judge.

Counsel for appellant has summarized his ten assignments of error under the following statement of “Questions Involved:”

“1. Was the charge of the court on reasonable doubt to the effect that if the jury cannot form a conscientious conclusion in their own minds that the defendant is guilty, their duty is to acquit…