Commonwealth v. Donoghue

Before us are the defendant’s convictions by a jury in the Superior Court of armed assault in a dwelling (G. L. c. 265, § 18A) and mayhem (G. L. c. 265, § 14). His contentions concern: (1) the denial of his motion to suppress evidence seized in a warrantless nighttime entry of his dwelling; (2) the adequacy of the mayhem indictment to charge a crime; and (3) the correctness of the judge’s instructions on the elements of armed assault in a dwelling.

1. Motion to suppress. The judge’s findings of fact on the motion to suppress disclose the following. On December 18, 1984, at some time between…