RESCRIPT OPINIONS
A Superior Court jury convicted the defendant on one of two indictments charging breaking and entering a building during the daytime with intent to commit a felony therein, in violation of G.L. c. 266, § 18. After the verdict, the defendant waived his right to a jury and was convicted in a jury-waived trial of being a habitual criminal. See G.L. c. 279, § 25.
On appeal, he argues that the judge's instructions to the jury on the...
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