Commonwealth v. Johnson

The defendant was tried by a jury and convicted of receiving a stolen motor vehicle, G. L. c. 266, § 28, and of possession of burglarious instruments, G. L. c. 266, § 49. On each of these convictions he received ten-year concurrent sentences. His appeal comes here under G. L. c. 278, §§ 33A-33G. He claims error in the denial of his motions for directed verdicts and in certain of the judge’s instructions to the jury.

Pertinent evidence may be summarized as follows: The defendant and a companion, who was the driver, fled in a stolen automobile following an abortive break into a home in which the…