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COMMONWEALTH v. LOUIS A. SMITH

353 Mass. 442 (1968)

232 N.E.2d 917

COMMONWEALTH vs. LOUIS A. SMITH.

Supreme Judicial Court of Massachusetts, Barnstable.

January 3, 1968.

Attorney(s) appearing for the Case

Morton Black for the defendant.

Francis W. Keating, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.

REARDON, J.

The defendant was convicted on two indictments, one of which charged him with breaking and entering in the nighttime with intent to commit a felony, and the other with possession of burglarious tools. The case is before us under G.L.c. 278, §§ 33A-33G, on a summary of the record, a transcript of the evidence, and assignments of error with which we deal seriatim.

1. Error is alleged in the court...

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