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COMMONWEALTH v. CHOTAIN

No. 90-P-1177.

31 Mass. App. Ct. 336 (1991)

577 N.E.2d 629

COMMONWEALTH vs. VANCE CHOTAIN.

Appeals Court of Massachusetts, Hampden.

September 5, 1991.

Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

Present: BROWN, SMITH, & GREENBERG, JJ.

GREENBERG, J.

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).1 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...

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