COMMONWEALTH v. BIBBO

No. 98-P-2079.

50 Mass. App. Ct. 648 (2001)

COMMONWEALTH v. PATRICK BIBBO.

Court of Appeals of Massachusetts, Essex.

January 4, 2001.


Attorney(s) appearing for the Case

J. Thomas Kerner for the defendant.

Catherine Langevin Semel, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, RAPOZA, & GELINAS, JJ.


RAPOZA, J.

The defendant appeals from his conviction of unarmed burglary.1 Specifically, he contends that (1) the trial judge erred when he permitted the jury to consider whether the defendant had intended to commit the felony of stalking for purposes of the burglary charge and (2) the trial judge's instruction with respect to the intent to commit a stalking impermissibly lessened the Commonwealth's burden of proof. We affirm.

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