Commonwealth v. Evans

A Superior Court jury convicted the defendant of breaking and entering the dwelling of another in the daytime with intent to commit a felony therein (G. L. c. 266, § 18) and larceny in a building (G. L. c. 266, § 20). On appeal, the defendant contends (1) that the trial judge erred in failing to give the proper identification instructions to the jury and that defense counsel’s failure to request such instructions constituted ineffective assistance of counsel; (2) that the prosecutor’s comment during his closing argument on the defendant’s failure to call a witness created a substantial risk…