253 Mass. 549 | Mass. | 1925
The defendant was indicted in two counts for breaking and entering a building, in Boston, with
The instruction to the effect that the jury might find the defendant guilty of simple larceny on .the counts in the indictment was right. Commonwealth v. Tuck, 20 Pick. 356, 361. The motion in arrest of judgment was denied rightly. G. L. c. 278, § 34.
Exceptions overruled.
Appeal dismissed.