BARNEY, Justice.
In the course of a burglary in Shrewsbury the owner unexpectedly appeared and was shot and wounded. The respondent was accused of being one of the participants, and was charged with assault and armed robbery, and with breaking and entering in the nighttime. After a three day trial the jury found him guilty of the breaking and entering charge, but could not reach a verdict on the assault and armed robbery charge.
On appeal, the respondent first...
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