Commonwealth v. Johnson

The defendant’s second substitute bill of exceptions correctly asserts error in the denial by a Superior Court judge, sitting jury waived, of the defendant’s motion for acquittal (stated as a motion for a directed verdict) made at the close of the Commonwealth’s case, see Commonwealth v. Kelley, 370 Mass. 147, 149 (1976), on a complaint for unauthorized use of an automobile in violation of G. L. c. 90, § 24 (2) (o). Police officers in a cruiser observed a car occupied by three individuals, one of whom was the defendant, proceeding in the wrong direction on a one-way street. The defendant was…