KIRK, J.
The defendant was found guilty by a jury on two indictments. One charged that the defendant on November 28, 1959, attempted to break and enter a building in Waltham in the night time with intent to commit larceny; the other charged him with possession of burglarious implements. By order of the judge the trial was held subject to G.L.c. 278, §§ 33A-33G, as amended through St. 1955, c. 352, § 1. The defendant rested at the close of the Commonwealth...
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