COMMONWEALTH v. WALLACE


356 Mass. 92 (1969)

248 N.E.2d 246

COMMONWEALTH vs. JOSEPH H. WALLACE.

Supreme Judicial Court of Massachusetts, Franklin.

June 2, 1969.


Attorney(s) appearing for the Case

Reuben Goodman for the defendant.

Stanley L. Cummings, Assistant District Attorney, for the Commonwealth.

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


SPALDING, J.

In a trial conducted pursuant to G.L.c. 278, §§ 33A-33G, the defendant was convicted under an indictment containing two counts. One charged breaking and entering in the nighttime with intent to commit a felony (G.L.c. 266, § 16), and the other charged stealing in a building (G.L.c. 266, § 20). The defendant appealed. The offences were alleged to have been committed in Greenfield, Massachusetts.

Prior to the trial a hearing...

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