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COMMONWEALTH v. KINGSBURY

378 Mass. 751 (1979)

393 N.E.2d 391

COMMONWEALTH vs. LAWTON B. KINGSBURY.

Supreme Judicial Court of Massachusetts, Middlesex.

August 10, 1979.

Attorney(s) appearing for the Case

Richard J. Hayes for the defendant.

William L. Pardee, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

The Appeals Court sustained the defendant's conviction of assault and battery but reversed his conviction of breaking and entering a dwelling house in the nighttime with intent to commit a felony. G.L.c. 266, § 15. Commonwealth v. Kingsbury, 7 Mass.App.Ct. 51 (1979).1 We granted the parties' cross-applications for further appellate review.

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