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COMMONWEALTH v. KANE

19 Mass. App. Ct. 129 (1984)

472 N.E.2d 1343

COMMONWEALTH vs. MICHAEL J. KANE.

Appeals Court of Massachusetts, Plymouth.

December 31, 1984.

Attorney(s) appearing for the Case

Bernard M. Grossberg for the defendant.

Mary Ellen O'Sullivan, Assistant District Attorney, for the Commonwealth.

Present: GRANT, KAPLAN, & FINE, JJ.

KAPLAN, J.

The defendant, Michael J. Kane, was tried on January 3-5, 1978, upon an indictment returned on October 28, 1976, for the crimes of breaking and entering in the night-time with intent to commit a felony (G.L.c. 266, § 16) and larceny from a building (G.L.c. 266, § 20), allegedly committed on September 11, 1976. We rest reversal of the defendant's conviction of these offenses mainly on the material errors of the trial judge in instructing the jury...

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