Commonwealth v. Kirk

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 *226we decide was erroneously admitted at trial, we conclude that no rational trier of fact could have found an essential element of the crime charged — the identity of the victim’s assailant — beyond a.…