Massachusetts Appeals Court August 5, 1998, No. 96-P-1558 (Commonwealth v. Hubbard)

Perretta, J.

On the night of October 9, 1994, the defendant and his wife were in the “safe-room” of their convenience store when they heard loud noises outside and saw someone leap over their eight-foot wooden fence and appear behind the door leading to the rear yard. The defendant instructed his wife to open the metal door leading from the safe-room into the store and to call the police.