Commonwealth v. Burns

Following his conviction 1 on a complaint for receiving stolen goods, William C. Burns appealed, alleging error in the judge’s instructions to the jury. The Appeals Court affirmed the judgment. See Commonwealth v. Burns, 13 Mass. App. Ct. 1011 (1982). We granted the defendant’s application for further appellate review. We reverse and remand for a new trial.

We summarize the facts. Early in the evening of June 30, 1980, a police officer observed the defendant standing on a sidewalk next to an automobile belonging to Roger Supernot, the codefendant at the trial. 2 The defendant was holding a…