Commonwealth v. Lee, 460 Mass. 64

Defendant and companion forced entry into Erin Murphy's apartment during a New Year’s Eve party in South Boston.
Defendant was convicted on a joint venture theory of breaking and entering in the nighttime with intent to commit a felony, and on assault and battery by means of a dangerous weapon and two additional assault and battery counts.
Appeals Court affirmed assault and battery convictions; Commonwealth sought review on limited issue of sufficiency of evidence of intent to commit a felony.
Trial evidence showed entry by force and a later street confrontation with a knife; defendant hurled a champagne bottle during the altercation.
Court reversed the breaking and entering with intent to commit a felony conviction and remanded for judgment on breaking and entering with intent to commit a misdemeanor; sentencing adjusted accordingly.
Court held there was insufficient evidence that, at the time of entry, the defendant intended to commit a dangerous weapon assault or knew coventurer McDonough was armed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of intent to commit a felony at entry?	Lee contends defendant shared or possessed intent to assault with weapon at entry.	Lee argues there is no proof defendant knew McDonough carried a knife or planned a felony at entry.	No; insufficient evidence of intent beyond reasonable doubt.
Did the defendant know coventurer was armed or share that felonious intent?	Commonwealth argues actions show shared motive and knowledge of weapon.	Defendant did not know McDonough had a knife at entry; cannot infer shared intent from later events.	Insufficient to prove knowledge of weapon at entry; overturns felony intent conviction.
Does the evidence support a joint venture beyond mere presence and assisting after entry?	Defendants worked in concert to gain entry and wrestled guests inside.	No evidence of a plan or weaponed threat at entry; no proof of joint intent to commit felony.	Conviction reversed for breaking and entering with intent to commit a felony; remanded for misdemeanor.

Commonwealth v. Zanetti, 454 Mass. 449 (Mass. 2009) (defines joint venture standard for entering with intent to commit a crime)
Commonwealth v. Green, 420 Mass. 771 (Mass. 1995) (joint venture requirements and intent)
Commonwealth v. Claudio, 418 Mass. 103 (Mass. 1994) (proof of defendant's knowledge of coventurer's weaponry)
Commonwealth v. Perron, 11 Mass. App. Ct. 915 (Mass. App. Ct. 1981) (distinguishes reliance on post-entry acts for intent)
Commonwealth v. Housen, 458 Mass. 702 (Mass. 2011) (distinguishes joint venture in entry from later acts)
Commonwealth v. Rodriguez, 456 Mass. 578 (Mass. 2010) (limits inference of intent beyond reasonable doubt)
Commonwealth v. Jansen, 459 Mass. 21 (Mass. 2011) (sufficiency of joint venture evidence evaluated per Zanetti framework)
Commonwealth v. Netto, 438 Mass. 686 (Mass. 2003) (evidence of motive and prior relationship in joint venture)