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COMMONWEALTH v. BROW

20 Mass. App. Ct. 375 (1985)

480 N.E.2d 333

COMMONWEALTH vs. JEFFREY L. BROW.

Appeals Court of Massachusetts, Worcester.

July 15, 1985.

Attorney(s) appearing for the Case

Nona E. Walker, Committee for Public Counsel Services, for the defendant.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., KAPLAN, & FINE, JJ.

GREANEY, C.J.

We conclude that the Commonwealth's evidence was sufficient to prove the crime charged (breaking and entering in the daytime with intent to commit larceny) but that the defendant must have a new trial because of prejudicial error in the judge's instruction on the concept of consciousness of guilt. Finally, we comment on a question of evidence likely to arise at retrial.

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