Commonwealth v. Roman

The Commonwealth appeals from a postverdict order allowing the defendant’s motion for a required finding of not guilty on a charge of assault and battery with a dangerous weapon. Review of the order is governed by the sufficiency of the evidence standard set out in Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), see Commonwealth v. Doucette, 408 Mass. 454, 456 (1990); Commonwealth v. Torres, 24 Mass. App. Ct. 317, 323-325 (1987), in contrast to review of an order allowing a motion for a new trial under Mass.R.Crim.P. 25(b)(2), 378 Mass. 896 (1979), where the judge’s assessment of the…