COMMONWEALTH v. LINHARES

No. 10-P-980.

80 Mass. App. Ct. 819 (2011)

COMMONWEALTH v. JOSHUA LINHARES.

Appeals Court of Massachusetts, Bristol.

November 15, 2011.


Attorney(s) appearing for the Case

Darragh K. Kasakoff , Special Assistant District Attorney, for the Commonwealth.

Barry R. Hodge for the defendant.

Present: BERRY, WOLOHOJIAN, & HANLON, JJ.


HANLON, J.

After a jury trial, the defendant was convicted of cruelty to animals for an incident in which he struck and killed a duck with his car in a mall parking lot. The trial judge allowed the defendant's posttrial motion for a required finding of not guilty, pursuant to Mass.R.Crim.P. 25(b)(2), as amended, 420 Mass. 1502 (1995).

More than thirty days later, the Commonwealth moved to file a late notice...

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