Commonwealth v. Noonan

Upon trial by a six-person jury in Quincy District Court, the defendant, Michael Noonan, was convicted of breaking and entering in the daytime with intent to commit a felony *357and acquitted of receiving stolen property, and was sentenced to two years in a house of correction. The defendant appeals from the judgment of conviction and from the denial of a motion (and amended motion) for a new trial. Among the matters to be considered are the treatment of the defendant’s motion about lost evidence, the charge to the jury on breaking and entering, and the adequacy of the assistance provided by…