In a recent Massachusetts appellate case, the defendant was found guilty of breaking and entering in the daytime, intending to commit a felony in violation of MGL chapter 266, § 18, as well as larceny of property over $250, a violation of MGL chapter 266, § 30 (1). The defendant appealed on the ground that the evidence was not enough to support the convictions.
The case arose from a 2013 break-in and robbery at a market. At trial, a store proprietor testified she’d closed the store at 6:00 p.m. one night and then come back after being told there was a break-in. She saw that somebody had broken the side window to get in and that $400-500 worth of cigarettes were stolen.
At the trial, police officers also testified. One testified he got there with his partner early in the morning, and when they got there, two men who lived next door to the market told them the front window to the store was missing. The officer noticed that a window pane had been taken off and was set against the door. Photographs showed that plexiglass was propped against the front door.