Commonwealth v. Hussey

1. The motion should have been granted as to count one. Uncontroverted evidence introduced by the Commonwealth indicated that the former wife of the defendant was married to one Moran. Since there was no evidence that the defendant was married to his former wife at any time during the period for which he was charged with neglecting to support her, the Commonwealth has failed to prove an essential element of the offense charged under G. L. c. 273, § 1.

2. While the evidence as to count two was scant, we think it was sufficient to withstand the defendant’s motion for a required finding of not…