Commonwealth v. Duncan

Following a jury trial in the District Court, the defendant, John Duncan, was convicted of larceny in excess of $ 250, G. L. c. 266, § 30 (1), and assault and battery, G. L. c. 265, § 13A (a ). On appeal, he contends that (1) the evidence was insufficient to establish the "carrying away" element of larceny; (2) the judge erred in allowing lay opinion testimony from a witness; (3) the judge erred in admitting evidence that the defendant's wife allegedly slapped a store employee; and (4) the Commonwealth improperly shifted the burden of proof to the defendant during closing argument. We affirm…