COMMONWEALTH v. PERRY


6 Mass. App. Ct. 531 (1978)

378 N.E.2d 1384

COMMONWEALTH vs. GEORGE W. PERRY.

Appeals Court of Massachusetts, Suffolk.

August 2, 1978.


Attorney(s) appearing for the Case

Barry P. Wilson (Cathy J. Gross with him) for the defendant.

John A. Kiernan, Assistant District Attorney (Dennis J. Curran, Assistant District Attorney, with him) for the Commonwealth.

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


HALE, C.J.

In this trial conducted pursuant to G.L.c. 278, §§ 33A-33G, the jury could have found that on the morning of February 14, 1977, the victim, a sixty-six year old woman, was returning home after a short walk to the grocery store. As she was unlocking the door to her apartment building, the defendant, posing as a heating man, demanded entrance to her apartment. He followed her up the stairs and entered the apartment with her despite her protests...

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