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COMMONWEALTH v. MATOS

394 Mass. 563 (1985)

476 N.E.2d 608

COMMONWEALTH vs. JOHN MATOS.

Supreme Judicial Court of Massachusetts, Suffolk.

April 17, 1985.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant appealed his convictions of possession of burglarious implements and breaking and entering in the nighttime of an apartment in the North End of Boston.1 The Appeals Court reversed the judgments of conviction because the jury instructions did not comply with Commonwealth v. Toney, 385 Mass. 575, 584-585 (1982). Commonwealth...

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