HENNESSEY, J.
This is a bill of exceptions arising out of an indictment charging the defendant with breaking and entering in the nighttime with intent to commit a felony, to wit: larceny. The defendant was tried in the Superior Court before a jury, was found guilty as charged and sentenced to an indefinite term at the Massachusetts Correctional Institution at Concord.
The facts are as follows. The defendant on April 30, 1971, allegedly broke and entered a...
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