Commonwealth v. Gordon

The defendant was the subject of five indictments: three of the indictments charged him with armed burglary or assault (G. L. c. 266, § 14), and the remaining indictments charged him with armed robbery and armed home invasion.

The defendant waived his right to a trial by jury and was tried before a Superior Court judge. The Commonwealth presented evidence demonstrating that the defendant and another individual, who was armed with a sawed-off shotgun, were engaged in a joint venture when they forced their way *602into an apartment in Pittsfield at 5:00 a.m. on August 31, 1994. In the apartment were…