COMMONWEALTH v. SITKO


372 Mass. 305 (1977)

361 N.E.2d 1258

COMMONWEALTH vs. EDWARD SITKO.

Supreme Judicial Court of Massachusetts, Barnstable.

April 4, 1977.


Attorney(s) appearing for the Case

Joseph F. Flynn (Steven A. Clark with him) for the defendant.

James J. Higgins, Assistant District Attorney, for the Commonwealth.

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


WILKINS, J.

The defendant appeals from his conviction as an accessory to the crime of breaking and entering a building in the daytime with the intent to commit larceny.

The defendant argues three major issues. (1) The original indictment alleged that an unknown person (John Doe) "did break and enter in the night time." On motion of the Commonwealth, the indictment was amended to refer to daytime instead of nighttime. The defendant challenges the allowance...

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