Commonwealth v. Cornish

After the jury returned verdicts of guilty on indictments charging the defendant with possession of marijuana and trafficking in cocaine, 1 the defendant brought a motion under Mass.R.Crim.P. 25(b)(2), 378 Mass. 896 (1979), renewing his requests for a required finding of not guilty and seeking, in the alternative, a new trial. At the hearing on the motion, the judge stated that there had been so many “problems” in the case that she had “felt” that, if the jury returned guilty verdicts and appropriate procedural steps were taken, she would “probably grant a new trial.” The judge gave four…