COMMONWEALTH v. HALL


397 Mass. 466 (1986)

492 N.E.2d 84

COMMONWEALTH vs. DAVID L. HALL.

Supreme Judicial Court of Massachusetts, Middlesex.

May 5, 1986.


Attorney(s) appearing for the Case

Mark Roder for the defendant.

Joseph P. Musacchio, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.


LIACOS, J.

The defendant was convicted by a jury in the Superior Court in Middlesex County of breaking and entering in the nighttime with the intent to commit a felony. G.L.c. 266, § 15 (1984 ed.). He was arraigned immediately thereafter on an indictment charging him with being an habitual offender. G.L.c. 279, § 25 (1984 ed.). He pleaded not guilty and was tried before the same jury that had just convicted him on the breaking and entering charge. The jury...

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