Commonwealth v. Oliver

In two separate jury-waived trials, the defendant was found guilty, at the first trial, on a complaint charging larceny in an amount over $250, and, at the second trial, on a complaint charging larceny from a person sixty-five years or more of age. See G. L. c. 266, §§ 30 and 25(a), respectively.1 *771The two cases, which were tried separately but on the same day and before the same judge, have been consolidated for purposes of appeal. Because a majority of the court agrees with the defendant’s claim that at each trial he was entitled to a required finding of not guilty at the close of the…