Commonwealth v. Wolmart

The defendant, having waived her right to a jury trial, was convicted by a District Court judge of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A(Z>). On appeal, she challenges the trial judge’s denial of her motions for a required finding of not guilty and thus her subsequent conviction on a theory of wanton or reckless conduct. See Commonwealth v. Burno, 396 Mass. 622, 625 (1986), citing Commonwealth v. Welansky, 316 Mass. 383, 400-401 (1944).

*781Factual background. On the evening of June 28, 2000, Israel Rodriguez (Rodriguez) sustained a stab wound to his arm,…