Commonwealth v. Kingsbury

The Appeals Court sustained the defendant’s conviction of assault and battery but reversed his conviction of breaking and entering a dwelling house in the nighttime with intent to commit a felony. G. L. c. 266, § 15. Commonwealth v. Kingsbury, 7 Mass. App. Ct. 51 (1979). We granted the parties’ cross-applications for further appellate review.

Without further comment, we agree with the Appeals Court on the issues as to which the defendant has sought further appellate review. We disagree, however, with the Appeals Court’s conclusion on the issue as to which the Commonwealth has sought further…