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COMMONWEALTH v. FAZZINO

No. 88-P-218.

27 Mass. App. Ct. 485 (1989)

539 N.E.2d 1060

COMMONWEALTH vs. MATTHEW FAZZINO.

Appeals Court of Massachusetts, Barnstable.

June 22, 1989.

Attorney(s) appearing for the Case

Chrystal Murray, Committee for Public Counsel Services, for the defendant.

Thomas M. Yonce, Assistant District Attorney, for the Commonwealth.

Present: KASS, WARNER, & FINE, JJ.

KASS, J.

At the close of the Commonwealth's evidence, the defendant moved for a required finding of not guilty. His fingerprint had been found in two places on a file box at the scene of a breaking and entry, but the defendant argues that those prints were the sole evidence tying him to the crime. The prosecution was bound to rebut the possibility that the fingerprints had been placed on the box at a time other than...

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