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COMMONWEALTH v. BURKE

392 Mass. 688 (1984)

467 N.E.2d 846

COMMONWEALTH vs. WILLIAM J. BURKE.

Supreme Judicial Court of Massachusetts, Berkshire.

August 13, 1984.

Attorney(s) appearing for the Case

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Mary Lou Rup for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

The defendant was convicted by a jury of breaking and entering a building in the nighttime with intent to commit a felony, a common law crime now codified by statute at G.L.c. 266, § 16.1

The jury could have reached their verdict from the following evidence. After hearing the sound of breaking glass in the early hours of the morning, a thirteen year old girl awakened her...

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