Commonwealth v. Shin

After a jury-waived trial, the defendant was convicted of indecent assault and battery on a person fourteen years of age or older. 2 He argues that his motion for a required finding of not guilty should have been allowed because there was insufficient evidence to prove that he was criminally responsible at the time of the crime. In addition, he argues that the judge employed the wrong analysis in determining that he was criminally responsible. We agree that the analysis was flawed and therefore reverse.

Background. At approximately five o’clock in the evening on January 20, 2011, the victim…