Commonwealth v. Burton

A Superior Court jury convicted the defendant on one of two indictments charging breaking and entering a building during the daytime with intent to commit a felony therein, in violation of G. L. c. 266, § 18. After the verdict, the defendant waived his right to a jury and was convicted in a jury-waived trial of being a habitual criminal. See G. L. c. 279, § 25.

On appeal, he argues that the judge’s instructions to the jury on the element of “entering” were conflicting and erroneous; the evidence was insufficient to prove the crime of breaking and entering a building with intent to commit a…