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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