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COMMONWEALTH v. TORRES

17 Mass. App. Ct. 676 (1984)

461 N.E.2d 1230

COMMONWEALTH vs. LUIS TORRES.

Appeals Court of Massachusetts, Worcester.

April 2, 1984.

Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

William Frederick George, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., CUTTER, & ARMSTRONG, JJ.

ARMSTRONG, J.

In the course of instructing the jury in this prosecution for attempted breaking and entering (G.L.c. 274, § 6; G.L.c. 266, § 18) and possession of burglarious implements (G.L.c. 266, § 49), the trial judge appears to have misinterpreted an aspect of our decision in Commonwealth v. Powers, 9 Mass.App.Ct. 771 (1980). The Powers case suggested that:

"generally &...

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