Commonwealth v. Francis

On May 14, 1976, a grand jury for the county of Suffolk indicted the defendant Paul L. Francis and one George A. Sarro, Jr., for the crime of breaking and entering in the nighttime with intent to commit a felony, to wit, larceny. Sarro pleaded guilty to the offense and received a sentence of nine to twelve years at the Massachusetts Correctional Institution at Walpole. The defendant pleaded not guilty, and so proceeded to trial. At trial, the defense called Sarro as its only witness. As to the majority of questions posed by the defense, however, Sarro invoked his Fifth Amendment privilege…