State v. Every
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The Supreme Judicial Court affirmed Defendant's conviction of burglary, entered following a jury trial, holding that Defendant was not entitled to relief on his argument that he should be granted an acquittal.
Defendant was indicted for various offenses, including burglary. During the jury trial, after the State rested, Defendant moved for a judgment of acquittal on the grounds that the State had not proven that he was not licensed or privileged to be in the house at issue because he was legally present on the premises as a tenant. The Supreme Judicial Court affirmed, holding (1) there was sufficient evidence in the record from which the jury could find that Defendant knew that he lacked the right to possess or occupy the premises the night of the offense; and (2) therefore, Defendant was not entitled to an acquittal.
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