Commonwealth v. Sanchez

On a complaint charging the defendant with breaking and entering in the nighttime with the intent to commit a felony, G. L. c. 266, § 16, a jury in the District Court found the defendant guilty of the lesser included offense of breaking and entering in the nighttime with the intent to commit a misdemeanor, G. L. c. 266, § 16A. The jury found the defendant not guilty on charges of assault and battery, G. L. c. 265, § 13A(a), and intimidation of a witness, G. L. c. 268, § 13B. On appeal, the defendant asserts prejudicial error in the jury instructions pertaining to the offense of breaking and…