Commonwealth v. Randall

From his convictions of larceny in a building and breaking and entering in the nighttime with the intent to commit a felony, the defendant appeals, claiming that a Superior Court judge erred in admitting hearsay evidence and in the instructions to the jury on the elements of breaking and entering with intent to commit a felony. The defendant also claims that the prosecutor in his closing argument impermissibly commented on the failure of the defendant to present evidence. We reverse.

We summarize the relevant evidence. At 1:30 a.m., Arthur Anderson observed a man in a white van with the word…