Commonwealth v. Jenkins

Milford Jenkins; the defendant, appeals from his conviction of stalking in violation of a domestic protective order.1 At trial before a jury of six, the defendant timely moved for a required finding of not guilty. Mass.R.Crim.P. 25(a), 378 Mass. 896 (1979). On appeal, he argues that he was entitled to a required finding of not guilty because the Commonwealth proved two, not three, incidents of following as required to sustain a conviction for stalking.

“The evidence in the Commonwealth’s case would have warranted the jury in finding the following facts.” Commonwealth v. Merola, 405 Mass. 529,…