Commonwealth v. Cote

On the night of January 17, 1976, the Chatham store of the Stop and Shop Companies, Inc., was burglarized. The defendants were tried and convicted under separate indictments charging them with breaking and entering in the nighttime with intent to commit larceny (G. L. c. 266, § 16). From the evidence the jury could have found the following. On Saturday night, January 17, 1976, the head of the cash department of the Chatham store, John Arbogast, left the store at 10:30 p.m. after supervising the cleaning crew. At that time the store had just been cleaned, and the building was secure with all…