Commonwealth v. Linhares

After a jury trial, the defendant was convicted of cruelty to animals for an incident in which he struck and killed a duck with his car in a mall parking lot. The trial judge allowed the defendant’s posttrial motion for a required finding of *820not guilty, pursuant to Mass.R.Crim.P. 25(b)(2), as amended, 420 Mass. 1502 (1995).

More than thirty days later, the Commonwealth moved to file a late notice of appeal, which motion was granted, and now argues that the evidence, viewed in the light most favorable to the Commonwealth, was sufficient to sustain the conviction. We agree and reverse.1

1. Facts.…