Commonwealth v. Pimental

The defendant appeals from his conviction on a single-count indictment charging larceny of “one or more firearms,” in violation of G. L. c. 266, § 30, and the denial of his motion for a new trial. He challenges the sufficiency of the evidence on the Commonwealth’s theory of the case; the judge’s failure, sua sponte, to give a specific unanimity instruction; the judge’s failure, sua sponte, to strike certain hearsay evidence; the effectiveness of counsel; and the denial of his motion for a new trial without a hearing. We affirm.

1. Factual background. The jury could have found the following…