Commonwealth v. Poff

Following a trial in the District Court, a jury of six convicted the defendant on charges of indecent assault and battery on a person over the age of fourteen, G. L. c. 265, § 13H, and breaking and entering in the nighttime with intent to commit a felony, G. L. c. 266, § 16. The defendant was sentenced *202to consecutive terms of two and one-half years in a house of correction for each offense. On appeal, the defendant contends that (i) the trial judge erroneously instructed the jury on the requirement, for the charge of breaking and entering, of intent at the time of entry to commit a felony…