Judgments reversed on the law and a new trial ordered.
The findings of fact have not been considered. Defendants Orr and Messina were indicted, inter alia, for possession of burglar's tools, as a felony, because they had prior criminal records; defendant Grande, with no prior criminal record, was indicted for possession of burglar's tools as a misdemeanor. The indictment was returned on April 13, 1961, at which time the relevant statutes provided that the indictment...
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