Commonwealth v. Small

The defendant appeals (G. L. c. 278, §§ 33A-33G) from convictions of breaking and entering a dwelling with intent to commit larceny (G. L. c. 266, § 18) and of assault and battery. The defendant cites as error the denial of various motions to suppress, the denial of his motion for a continuance, the denial of his motion for special courtroom seating and a courtroom lineup, the propriety of the trial judge’s instructions to the jury, the sufficiency of the indictment, and the trial judge’s refusal to reopen the trial to take further evidence following submission of the case to the jury. We…