Commonwealth v. Garrity

A Superior Court jury convicted the defendant *350of fiduciary embezzlement (G. L. c. 266, § 57). On appeal, he argues that the indictment was defective due to the Commonwealth’s failure to present potentially exculpatory evidence to the grand jury. He also claims that the trial judge erred in denying his motion for a required finding of not guilty and that the instructions on fiduciary embezzlement were deficient. Finally, the defendant maintains that the Superior Court lacked jurisdiction over the entire matter in light of the availability of sanctions against the defendant in the Probate…