Commonwealth v. Matos

The defendant was found guilty on indictments charging him with the crimes of possession of burglarious *213implements and breaking and entering a dwelling house with the intent to commit a felony. On appeal he alleges error in the trial judge’s denial of his motion for a required finding of not guilty, Mass.R.Crim.P. 25, 378 Mass. 896 (1979), and in the jury instructions on the issue of flight as evidence of consciousness of guilt. We conclude that the defendant’s motion was properly denied but that the jury instructions did not comport with Commonwealth v. Toney, 385 Mass. 575, 584-585 (1982).…