Commonwealth v. Woody

The defendant was convicted by a jury of six in the District Court of receiving a stolen motor vehicle (G. L. c. 266, § 28). The evidence consisted of the testimony of two prosecution witnesses and exhibits. The proceeding was recorded electronically. A transcript prepared from the audio cassettes contains a gap in the testimony of one of the witnesses, Richard Pozner. In his brief to the Appeals Court, the defendant claimed that the evidence was insufficient to support the verdict. The Commonwealth did not address the merits of that claim. Rather, it maintained that the record was inadequate…