Commonwealth v. Bumpus

Bumpus was found guilty upon an indictment charging breaking and entering a building in the nighttime with intent to steal. He appealed from a sentence of six months in the house of correction. See G. L. c. 278, §§ 33A-33G. Portions of the evidence and certain facts, which on the evidence could have been found, are set forth below.

Greenberg, a student at Northeastern University, was in bed in his room at 214 Hemenway Street Boston, on the early morning of July 13, 1967. About 3 a.m. he heard the outside door to the building being opened. Then he heard steps on the stairs. A man entered his…