Commonwealth v. Russell

Opinion by

Mr. Justice O’Brien,

Appellant pleaded not guilty to charges of burglary, larceny and receiving stolen goods. He waived a jury trial and was acquitted of burglary and larceny but convicted by Judge Margiotti of receiving stolen goods. His motions for new trial and in arrest of judgment were denied, and he was sentenced to a term of two to five years. ' An appeal to the Superior Court resulted in a per curiam affirmance of the judgment of sentence with Judge Hoffman filing a dissenting opinion. Thereafter, we granted allocatur.

The facts of the case, briefly stated, are as follows:

The…