Commonwealth v. Long

Atlee, P. J.,

Harry Long was prosecuted for the felonious entry of the chicken house of one Aaron Smoker and for the larceny therefrom of 48 chickens of the value of $48. Upon return of the case to court the district attorney presented to the grand jury at June term, 1935, a bill of indictment charging Long in the first count with felonious entry and in the second ' count with larceny. The grand jury returned “Not a true bill, costs to be paid by A. G. Cunningham, prosecutor.”

*2The said A. G. Cunningham then presented to this court a petition setting forth that he is the constable of East…