Commonwealth v. Hogan

The defendant was charged in a two-count complaint with (1) attempt to commit a larceny of property valued over $250 by trying to cut a bicycle lock with bolt cutters, and (2) possession of burglarious tools. The defendant waived a jury, and a trial was held on stipulated facts. The Commonwealth read the stipulated facts into the record, following which the defendant filed a motion for a required finding of not guilty. The motion was denied. The judge found the defendant guilty of possession of burglarious tools and not guilty of attempt to commit larceny. The defendant contends that the…