ARCHIBALD, Justice.
The defendant was indicted by the Androscoggin County grand jury and after a jury trial was convicted of breaking, entering and larceny in the nighttime. The defendant has appealed his jury conviction on the grounds that the presiding Justice committed error (1) in refusing to grant the defendant's motion for judgment of acquittal, and (2) in refusing to grant a mistrial because of improper argument by the prosecuting attorney.
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