COMMONWEALTH v. COURTNEY


7 Mass. App. Ct. 4 (1979)

385 N.E.2d 275

COMMONWEALTH v. KENNETH A. COURTNEY.

Appeals Court of Massachusetts, Middlesex.

January 23, 1979.


Attorney(s) appearing for the Case

John C. Ottenberg for the defendant.

Robert M. Raciti, Legal Assistant to the District Attorney, for the Commonwealth.

Present: KEVILLE, GOODMAN, & GRANT, JJ.


GOODMAN, J.

The defendant was convicted on indictments charging breaking and entering and assault (G.L.c. 266, § 14), indictment no. 1769, and assault and battery, indictment no. 1771; he appeals pursuant to G.L.c. 278, §§ 33A-33G. The defendant assigns as error (among other assignments of error) an instruction to the jury in answer to a question which they put to the judge after they had retired to deliberate. We conclude that the instruction was erroneous...

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