Commonwealth v. Cook

The defendant was tried before a jury in the Superior Court on an indictment charging conspiracy to commit rape. His motion for a required finding of not guilty (Mass.R.Crim.P. 25, 378 Mass. 896 [1979]), was filed and denied at the conclusion of the Commonwealth’s case, and he was subsequently convicted and sentenced on the indictment. On appeal he claims error in the denial of the motion. We hold that the evidence introduced up to the time the Commonwealth rested (Commonwealth v. Kelley, 370 Mass. 147, 150 [1976]; Commonwealth v. Rhoades, 379 Mass. 810, 815 [1980]) was insufficient to…