Commonwealth v. Bezio

A District Court jury convicted the defendant of breaking and entering with the intent to commit a misdemeanor, G. L. c. 266, § 16A. On appeal, the defendant claims (1) the judge erred in failing to instruct the jury sua sponte regarding the defense of honest mistake, (2) the judge erred in instructing the jury on constructive breaking, (3) the evidence was not sufficient to support her conviction, and (4) the conviction violates the double jeopardy clause of the United States Constitution. We affirm.

Background. We summarize the evidence the jury could have found, viewing it in the light most…