Commonwealth v. Soares

This case is on appeal from the defendant’s conviction by a Superior Court jury upon an indictment charging him with breaking and entering in the daytime with intent to commit a felony. G. L. c. 266, § 18. The incident occurred on January 10, 1997, at a house situated on a quiet cul de sac in Methuen. Nothing was taken from the residence.1 The defendant’s position at trial was that he was in the house through misunderstanding or mistake. He presents several claims in this court: (1) that the judge improperly instructed the jury on the “intent to commit a felony element” of the crime; (2) that…