Commonwealth v. Sollivan

These cases, which were consolidated for appellate review, present the same issue — whether the judge committed error in denying the defendants’ motions for required findings of not guilty on complaints charging larceny in a building.

The facts in neither case are in dispute. The defendant Sollivan was arrested by Sears Department Store employees in *285Holyoke after he left the store with a portable stereo radio without paying for it. The defendant Drayton was arrested by Filene’s Department Store employees in Holyoke after she took clothing without paying for the items.

Both defendants were…