Defendant's motion to set aside the verdict and for a new trial was properly denied. A police officer testified that he checked the filling station in question between 1:00 and 1:45 A. M. on June 9, 1953. At 3:50 he noticed the defendant walking south on Elm Street and at 4:45 A. M. he observed him walking west on Central Street when he stopped him and brought him to the police station. At 5:41 he returned to the...
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