Moore v. Commonwealth

Opinion op the 'Court by

Judge Dietzman

Affirming.

' The appellant was convicted of the offense of storehouse breaking, and sentenced to serve one year in the penitentiary. He appeals.

The sole ground relied upon for reversal is that the appellant was entitled to a. peremptory instruction, because there was no evidence to sustain this conviction. The evidence for the commonwealth is briefly this. Some time between November 1 and 10, 1927, the store of Claude Bust at Dunmore, Muhlenberg county, was broken into in the nighttime, and a quantity of clothing, jewelry, and other merchandise was taken…