COMMONWEALTH v. KIRK

No. 94-P-1499.

39 Mass. App. Ct. 225 (1995)

COMMONWEALTH vs. JOHN D. KIRK.

Appeals Court of Massachusetts, Norfolk.

September 7, 1995.


Attorney(s) appearing for the Case

Gregory V. St. Cyr for the defendant.

Heather M. Kelley, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GILLERMAN, & IRELAND, JJ.


GILLERMAN, J.

The defendant appeals from his conviction of assault and battery, G.L.c. 265, § 13A, after a jury-waived trial in the jury session of the Dedham District Court. He claims the judge erred in denying his motion for a required finding of not guilty at the close of the Commonwealth's case. After viewing the evidence in the light most favorable to the Commonwealth, but disregarding evidence we decide...

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