Commonwealth v. Ramos

The defendant was found guilty of assault with force and violence and with intent to rob, under G. L. c. 265, § 20, at a jury waived trial in the Superior Court. The sole issue on appeal (pursuant to G. L. c. 278, §§ 33A-33G) is whether the evidence was sufficient to prove an essential element of the offence; namely, an assault "with force and violence.” The evidence was as follows. At a supermarket checkout counter, the defendant grabbed at $100 in bills which a cashier was holding in her hand. The cashier held onto the money and tugged back. The corners of the bills tore off in the…