Commonwealth v. O'Neil

The defendant, Dennis G. O’Neil, was indicted by a Hampshire County grand jury, charging him with one count of criminal harassment in violation of G. L. c. 265, § 43A(o). The defendant waived his right to a jury trial and proceeded to trial before a judge of the Superior Court. His motion for a required finding of not guilty at the close of the Commonwealth’s case *285was denied, and he was found guilty at the conclusion of the trial.1

This case raises questions regarding the required state of mind for proving wilful and malicious conduct pursuant to G. L. c. 265, § 43A(a), and the requirements…