Commonwealth v. Kelley

Opinion by

Fine, J.,

Charles Kelley, appellant, together with Hamilton Phillips, were indicted for attempted larceny [by trick]. Both defendants pleaded not guilty and waived a trial by jury. After the Commonwealth rested, appellant demurred to the evidence which demurrer the court below overruled. Neither appellant nor Phillips offered any évidehce, whereupon the court below adjudged both defendánts guilty of an attempt to commit larceny by trick and sentenced each to two and one-half to five years in the penitentiary. Kelley alone appealed on October 29, 1947. Appellant’s exception to the…