Commonwealth v. Mitchell

1. The defendant, convicted of attempted burglary, argues that the judge erred in admitting his prearrest statement to the police, on the street, not far from the attempted break, that he was returning from a party with a couple of girls on Northampton Street. The prosecutor had argued to the judge that the statement should come in as evidence of consciousness of guilt, its probable falsity demonstrated by the fact that the owner of the apartment which was the scene of the attempted break had identified the defendant as the would-be burglar. The defendant’s counsel argues with some…