Commonwealth v. Reynolds

1 Citing case

  1. Commonwealth v. Cotto

    52 Mass. App. Ct. 225 (Mass. App. Ct. 2001)   Cited 16 times
    Holding that "an entry occurs when any part of the defendant's body, or an instrument which is used to commit the intended felony, crosses the threshold"

    In this scenario, he may be found guilty of attempted breaking and entering as well as attempted arson, but not of arson or breaking and entering. See Commonwealth v. Reynolds, 10 Mass. App. Ct. 830 (1980), wherein the defendant's conviction for attempted breaking and entering with intent to commit a felony was affirmed on evidence, in part, of a rock being thrown through the window of a pharmacy during the nighttime. We turn to the actual instructions given in this case.