Commonwealth v. Chotain

The defendant was convicted on an indictment charging breaking and entering a dwelling house in the nighttime with the intent to commit a felony (G. L. c. 266, § 15). His appeal centers on two alleged errors of the trial judge: (1) instructions which the defendant claims invaded the province of the jury’s fact-finding function, thereby depriving him of a fair opportunity to be convicted only upon proof beyond a reasonable doubt; and (2) the denial of his motion to suppress testimony of the sole identification witness. Review of the record shows that the disputed portions of the judge’s charge…