Commonwealth v. Guilfoyle

The defendant was found guilty by a six-person jury in a District Court of larceny of more than $100 and of breaking and entering a building in the daytime with intent to commit a felony. After sentencing, he appealed and the Appeals Court in an unpublished order affirmed his convictions. 19 Mass. App. Ct. 1108 (1985). We took the case on an application for further appellate review. We reverse the convictions. The defendant raises several issues on appeal, but we treat only one because it is unlikely that the others will arise on retrial.

The trial judge permitted the Commonwealth to introduce…