Commonwealth v. Mitchell

This case requires us to examine G. L. c. 266, § 14 (armed burglary), to determine whether it covers a breaking and entering of a dwelling with intent to commit a felony and a subsequent assault on a person lawfully therein even though that person arrived home after the break while the intruder was still present. We hold that it does.1

*557Facts. The jury could have found the following facts. The victim and the defendant, Rudolph C. Mitchell, Jr., had an intermittent romantic relationship beginning in February, 2001. On October 8, 2002, the defendant telephoned the victim and asked her to pick him…