Commonwealth v. Balboni

A jury in a District Court found the defendant guilty of shoplifting by concealment pursuant to the second paragraph of G. L. c. 266, § 30A, inserted by St. 1981, c. 618, § 3. The merchandise consisted of several cartons of cigarettes. Represented by new counsel on appeal, the defendant contends that (1) the Commonwealth did not establish that he concealed the cigarettes with intent to steal them, (2) the judge gave misleading jury instructions on the element of concealment, and (3) the prosecutor made improper remarks in his closing argument. None of these points was preserved at trial by an…