COMMONWEALTH v. BREESE


10 Mass. App. Ct. 757 (1980)

412 N.E.2d 1272

COMMONWEALTH vs. ROBERT P. BREESE, JR.

Appeals Court of Massachusetts, Middlesex.

November 28, 1980.


Attorney(s) appearing for the Case

Jeffrey N. Moxon for the defendant.

Pamela L. Hunt, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, ROSE, & KASS, JJ.


ROSE, J.

The defendant appeals from convictions of armed robbery under G.L.c. 265, § 17, and of armed assault in a dwelling house under G.L.c. 265, § 18A. He assigns as error the trial judge's supplementary instruction, given in response to a question submitted by the jury after they had begun deliberations. The question follows: "[U]pon entering the dwelling of Wayne Pascoal, does it matter whether or not the defendant R. Breese was carrying the gun?" Defense...

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