HAGAN, J., February 15, 1956.
Defendant was indicted and tried before the writer of this opinion sitting without a jury, and was found guilty of common law malicious mischief. The conviction was based upon the fact that defendant threw a brick through a plate glass window belonging to S.S. Kresge Company, destroying the window. Defendant filed a motion in arrest of judgment, which motion is now before the court.
The Commonwealth concedes that, although there...
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