Commonwealth v. Barnes

The defendant was convicted of breaking and entering a building with intent to commit a felony and of being an accessory after the fact to murder. She appeals under G. L. c. 278, §§ 33A-33G, and argues that verdicts of not guilty should have been directed on both charges. We hold: (1) The evidence presented a jury issue whether the defendant was the wife of the principal murderer, entitled to a defense of affinity under G. L. c. 274, § 4, 1 as appearing in St. 1943, c. 488, § 1. (2) Denial of the defense to her if she was not the principal’s wife did not deny her equal protection of the laws.…