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COMMONWEALTH v. McGOVERN

397 Mass. 863 (1986)

494 N.E.2d 1298

COMMONWEALTH vs. ROY F. McGOVERN.

Supreme Judicial Court of Massachusetts, Norfolk.

July 9, 1986.

Attorney(s) appearing for the Case

Maureen B. Brodoff, Committee for Public Counsel Services, for the defendant.

Stephanie Martin Glennon, Assistant District Attorney (Charles J. Hely, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

A grand jury indicted the defendant for breaking and entering in the daytime a parking lot booth owned by the Massachusetts Bay Transportation Authority (MBTA) "with intent to steal therein money or other property" belonging to the MBTA. G.L.c. 266, § 18 (1984 ed.). The defendant also was indicted for wilful and malicious destruction of property valued in excess of $100. G.L.c. 266, § 127 (1984 ed...

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