Commonwealth v. Hardy

A Superior Court judge sitting without a jury convicted the defendant on one indictment charging three counts of armed assault in a dwelling with intent to commit a felony, in violation of G. L. c. 265, § 18A; breaking and entering a dwelling in the nighttime with intent to commit a felony, in violation of G. L. c. 266, § 14; assault by means of a dangerous weapon, in violation of G. L. c. 265, § 15B; kidnapping, in violation of G. L. c. 265, § 26; and unlawfully carrying a dangerous weapon, in violation of G. L. c. 269, § 10 (6).1 The defendant claimed before the Appeals Court that (1) the…