Judgment modified on the law and the facts: (1) by striking out so much thereof as convicts defendant on the second count of the indictment; and (2) by dismissing said second count. As so modified, the judgment is affirmed.
In our opinion, defendant's guilt under the first count was established beyond a reasonable doubt. There was ample proof to sustain the finding, implicit in the jury's verdict, that he broke into the premises and that he did so with intent to commit...
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