Commonwealth v. Rosado

The defendant was convicted of an attempt to break and enter in the daytime and possession of burglarious implements. The Appeals Court reversed the convictions, Commonwealth v. Rosado, 43 Mass. App. Ct. 381 (1997), finding error in the judge’s refusal to give an instruction on the possibility of a witness making a “good faith error” in identifying the defendant as the burglar. See Commonwealth v. Pressley, 390 Mass. 617, 620 (1983). We granted the Commonwealth’s application for further appellate review. We agree with the Appeals Court that such an instruction should have been given but…