Legal Opinion

Commonwealth v. Burke

Massachusetts Supreme Judicial Court

Decided August 13, 1984PublishedCited by 56 opinions

1Opinion of the CourtLynch, J.

The defendant was convicted by a jury of breaking and entering a building in the nighttime with intent to commit a felony, a common law crime now codified by statute at G. L. c. 266, § 16.

The jury could have reached their verdict from the following evidence. After hearing the sound of breaking glass in the early hours of the morning, a thirteen year old girl awakened her mother and they proceeded to investigate. Upon seeing a figure, later identified as the defendant, walk by a window, the daughter screamed. The defendant then knocked on the front door, and, after identifying himself, stated…

2Cases cited16 opinions

  1. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  2. Joseph L. Thomas v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  3. Commonwealth v. SandlerMassachusetts Supreme Judicial Court · 1975
  4. Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
  5. Commonwealth v. NordstromMassachusetts Supreme Judicial Court · 1973

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3Cited by56 opinions

  1. United States v. FishCourt of Appeals for the First Circuit · 2014
  2. Commonwealth v. PorroMassachusetts Supreme Judicial Court · 2010
  3. Commercial Wharf East Condominium Ass'n v. Waterfront Parking Corp.Massachusetts Supreme Judicial Court · 1990
  4. Commonwealth v. LykusMassachusetts Supreme Judicial Court · 1989
  5. Commonwealth v. PowerMassachusetts Supreme Judicial Court · 1995

51 more not listed; retrieve them via the Exa API.

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