Commonwealth v. Squires / Commonwealth v. Angier

(dissenting, with whom Botsford and Lowy, JJ., join). These cases turn on the question whether the defendants possessed work tools with the intent to break into a building, in violation of G. L. c. 266, § 49. The court believes that the evidence, although suspicious enough to warrant a threshold inquiry, is insufficient to sustain a conviction for possession of bur-glarious instruments. In my view, the Commonwealth established the defendants’ intent to use these tools to break into one of the buildings on either side of the railroad tracks. Accordingly, I dissent.

The facts of the case,…