Commonwealth v. Johnson
Commonwealth v. Johnson
Opinion of the Court
The defendant has appealed from his conviction on indictments 011195 charging armed robbery (G. L. c. 265, § 17) and 011196 charging armed assault in a dwelling with intent to commit a felony (G. L. c. 265, § 18A). As the defendant’s arguments on appeal are addressed solely to the denial of his motions for a directed verdict and for a new trial under the latter indictment, we discuss only the issues raised with respect to it.
1. The motion for a directed verdict was properly denied. The only basis for the claimed error is on a ground argued to the judge that it was “not established that [the scene of the crime] was, in fact, a dwelling house within the meaning of the particular statute involved.” There was evidence which warranted a finding by the jury that the crime took place in a portion of the victim’s premises which was used by him solely as his place of habitation. Compare Commonwealth v. Kingsbury, 378 Mass. 751, 755-757 (1979).
2. The defendant’s motion for a new trial was grounded in the main upon claimed ineffective assistance of counsel (an issue not raised or
The judgment in indictment 011196 is affirmed. The appeal in 011195 is dismissed, and the order denying the motion for a new trial is affirmed.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.