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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