COMMONWEALTH v. BUMPUS


354 Mass. 494 (1968)

238 N.E.2d 343

COMMONWEALTH vs. PAUL BUMPUS.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 1968.


Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

W. Langdon Powers, Assistant District Attorney, for the Commonwealth.

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


CUTTER, J.

Bumpus was found guilty upon an indictment charging breaking and entering a building in the nighttime with intent to steal. He appealed from a sentence of six months in the house of correction. See G.L.c. 278, §§ 33A-33G. Portions of the evidence and certain facts, which on the evidence could have been found, are set forth below.

Greenberg, a student at Northeastern University, was in bed in his room at 214 Hemenway Street Boston, on the...

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