COMMONWEALTH v. KELLEY

No. 92-P-1794.

35 Mass. App. Ct. 745 (1994)

626 N.E.2d 12

COMMONWEALTH vs. WILLIAM H. KELLEY.

Appeals Court of Massachusetts, Suffolk.

January 13, 1994.


Attorney(s) appearing for the Case

Roger Witkin (Leo McAuliffe with him) for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, JACOBS, & PORADA, JJ.


PERRETTA, J.

After a jury-waived trial in the Superior Court, the judge found the defendant, a Boston police officer assigned to the Automobile Theft Unit, guilty on an indictment charging him with making a false written report, knowing it to be false in a material matter. See G.L.c. 268, § 6A. Because our review of the evidence leads us to conclude that the Commonwealth failed to sustain its burden of proof, we reverse the judgment.

1. The evidence...

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