Commonwealth v. Stoltz

The defendant, Daniel J. Stoltz, was tried for violation of an abuse prevention order, punishable under G. L. c. 208, § 34C. He moved for a required finding at the close of the Commonwealth’s case and again at the close of all evidence. The motions were denied, and the jury returned a guilty verdict. Following discharge of the jury, the judge heard arguments on a renewed motion for a required finding. He then ordered entry of a finding of not guilty. See Mass.R.Crim.P. 25(b)(2), as amended, 420 Mass. 1502 (1995). The Commonwealth appeals, arguing that the evidence permitted inferences that…