COMMONWEALTH v. COTE


5 Mass. App. Ct. 365 (1977)

363 N.E.2d 276

COMMONWEALTH vs. JOSEPH A. COTE, JR., & another.

Appeals Court of Massachusetts, Barnstable.

May 26, 1977.


Attorney(s) appearing for the Case

Joseph S. Callahan for the defendants.

Philip A. Rollins, District Attorney (James J. Higgins, Assistant District Attorney, with him) for the Commonwealth.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.


HALE, C.J.

On the night of January 17, 1976, the Chatham store of the Stop and Shop Companies, Inc., was burglarized. The defendants were tried and convicted under separate indictments charging them with breaking and entering in the nighttime with intent to commit larceny (G.L.c. 266, § 16). From the evidence the jury could have found the following. On Saturday night, January 17, 1976, the head of the cash department...

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