Commonwealth v. Hill

The defendant, Mark V. Hill, appeals from three convictions arising out of the nighttime theft of personal property from a Framingham apartment (theft convictions). He also appeals from a conviction on a charge of being an habitual criminal. G. L. c. 279, § 25. The charges relating to theft and those concerning habitual criminality were tried separately, jury-waived in the Superior Court, to the same judge. The theft charges were tried solely upon a statement of agreed facts (“stipulation”) in which the defendant admitted his intent “to perpetrate a breaking and entering to obtain money” and…