(Download) "Commonwealth v. Francis Perron" by Appeals Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Francis Perron
- Author : Appeals Court of Massachusetts
- Release Date : January 26, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The defendant was found guilty of breaking and entering in the nighttime with the intent to commit a felony, G. L. c. 266, § 16, and of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A. He appealed from both judgments, but the sole error he alleges and argues is the denial of his motions for a directed verdict on the indictment under c. 266, § 16. The motions were based on the contention that the evidence demonstrated that at the time of the actual breaking and entering, the defendant intended only to commit a simple assault and battery, a misdemeanor (G. L. c. 265, § 13A), and not a felony of assault and battery by means of a dangerous weapon. The Commonwealth was required to prove the specific intent with which the defendant committed the breaking and entering. Commonwealth v. Wygrzywalski, 362 Mass. 790, 792 (1973). There was no error in denying the motions. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). The victim of the defendant's crimes, Arthur LaCosse, and one David Reynolds resided in the first floor apartment of a three-family house in which the defendant's stepmother, Patricia Perron (Patricia), occupied the third-floor unit. The door to LaCosse's apartment was off the first-floor common hallway, and it opened into his living room. A wooden coat rack was situated in the hallway next to the door to the victim's apartment. On the morning of November 15, 1978, the defendant and his brother went to the Merit Car Wash where Patricia, LaCosse and Reynolds all worked. The defendant argued with Reynolds about a fight between Reynolds and Patricia. The defendant and his brother then left, only to return that afternoon with an additional brother. The defendant renewed his earlier argument with Reynolds and tried to hit him. When the manager of the car wash asked the defendant and his brothers to leave, the defendant struck him. When told to call the police for assistance, Patricia refused, and LaCosse made the call. The police, however, arrived after the defendant and his brothers had left. The manager fired Patricia, who immediately left the premises. Later that day she telephoned Reynolds at the car wash and told him that if he or LaCosse returned home, they would ""both be dead.""
 "Commonwealth v. Francis Perron" by Appeals Court of Massachusetts * Book PDF Kindle ePub Free){kind=link}