Commonwealth v. Goldstein

The defendant was complained of in the District Court for breaking and entering a building in the night with intent to commit larceny and committing larceny therein. He pleaded not guilty but offered no evidence, and was ordered to recognize for appearance in the Superior Court. At this time *375he was without counsel. At the trial in the Superior Court he endeavored to prove an alibi, but was convicted. In arguing the case the Assistant District Attorney commented on the fact that the evidence had not been offered below. The counsel for the defendant asked the judge to stop this line of argument…