Commonwealth v. Bibbo

The defendant appeals from his conviction of unarmed burglary.1 Specifically, he contends that (1) the trial judge erred when he permitted the jury to consider whether the defendant had intended to commit the felony of stalking for purposes of the burglary charge and (2) the trial judge’s instruction with respect to the intent to commit a stalking impermissibly lessened the Commonwealth’s burden of proof. We affirm.

1. Factual background. We summarize the relevant facts. In October, 1994, the defendant met Melanie Castellucci at a home*649less shelter in Keene, New Hampshire, where she was an…