COMMONWEALTH v. BURNS


388 Mass. 178 (1983)

445 N.E.2d 613

COMMONWEALTH vs. WILLIAM C. BURNS.

Supreme Judicial Court of Massachusetts, Worcester.

February 15, 1983.


Attorney(s) appearing for the Case

Milly Whatley for the defendant.

Joseph C. McGinn, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


ABRAMS, J.

Following his conviction1 on a complaint for receiving stolen goods, William C. Burns appealed, alleging error in the judge's instructions to the jury. The Appeals Court affirmed the judgment. See Commonwealth v. Burns, 13 Mass.App.Ct. 1011 (1982). We granted the defendant's application for further appellate review. We reverse and remand for a new trial.

We summarize the facts. Early in the evening of June...

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