Commonwealth v. Redmond

A jury found the defendant guilty of wilful and malicious destruction of property over $250 (G. L. c. 266, § 127), possession of burglarious instruments (G. L. c. 266, § 49), and breaking and entering in the nighttime with the intent to commit a felony (G. L. c. 266, § 16). On appeal, he contends that the trial judge erred (1) in denying his motion for a required finding of not guilty on the indictment charging wilful and malicious destruction of property; (2) in instructing the jury on possession of burglarious instruments and responding to a jury question; and (3) in giving a supplemental…