COMMONWEALTH v. STEWART


365 Mass. 99 (1974)

309 N.E.2d 470

COMMONWEALTH vs. FRANCIS K. STEWART.

Supreme Judicial Court of Massachusetts, Middlesex.

April 10, 1974.


Attorney(s) appearing for the Case

James V. McManus for the defendant.

Bonnie H. MacLeod-Griffin, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


KAPLAN, J.

About 9 P.M. on March 4, 1970, Willard Iversen, night manager, and James Moore, meat cutter, were standing behind the entrance doors of the First National supermarket in Reading. Iversen was preparing to secure the doors and close the store; some carts left on the outside were being brought in. Iversen and Moore then observed the defendant and another man, full face, making their way from the outside through the outer and inner glass doors. (There was excellent...

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