Commonwealth v. Leslie

*648Kaplan, J.

Tried on indictments charging assault with intent to murder (G. L. c. 265, § 15), assault with intent to commit rape (G. L. c. 265, § 24), burglary with assault (G. L. c. 266, § 14), and assault and battery (G. L. c. 265, § 13A), the defendant Richard E. Leslie on June 23,1975, was acquitted by a jury of the first two charges, and convicted of the others; the assault and battery conviction, however, was dismissed by the trial judge as "duplicitous.”1 The defendant appeals from the conviction of burglary pursuant to G. L. c. 278, §§ 33A-33G; error is claimed in the judge’s charge…