Legal Opinion

Commonwealth v. Xymir X.

Massachusetts Appeals Court

Decided October 23, 2017No. 16–P–1404Published

1Opinion of the Court

The issue presented is whether there was sufficient evidence to find the juvenile delinquent by reason of carrying a firearm without a license in violation of G. L. c. 269 § 10(a ), based on a theory of constructive possession. We conclude there was not, and thus the judge erred in denying the juvenile's motion for a required finding of not delinquent. We therefore reverse the adjudication of delinquency.

We review the juvenile's claim of insufficient evidence under the familiar standard of Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), looking at the evidence in a light most favorable…

2Cases cited7 opinions

  1. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  2. Commonwealth v. SwaffordMassachusetts Supreme Judicial Court · 2004
  3. Commonwealth v. AlmeidaMassachusetts Supreme Judicial Court · 1980
  4. Commonwealth v. Sann ThanMassachusetts Supreme Judicial Court · 2004
  5. Commonwealth v. CottoMassachusetts Appeals Court · 2007

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