Commonwealth v. Therrien

Following the return of a jury verdict that the defendant was guilty of rape, the judge allowed the defendant’s motion for a finding of not guilty, ruling that, in *530the circumstances, the evidence did not warrant a finding of guilty. The Commonwealth has sought to challenge the judge’s ruling, both by an appeal from the judge’s order and by a complaint filed in the county court seeking relief under G. L. c. 211, § 3. We granted the Commonwealth’s application for direct appellate review of its attempted appeal from the judge’s order. A single justice of this court has reserved and reported to…