New York County Courts January 15, 1906 (People v. Mullen)

Barnum, J.:

The defendant was convicted of burglary,

third degree, and grand larceny, first degree, for breaking into a bank at G-ilbertsville, in this county, May 2, 1905, and stealing therefrom $3,000.

The evidence showed beyond question that the crime as alleged in the indictment was committed by five men. The defendant did not contend that the crime was not committed as alleged.