Commonwealth v. Whitney

The defendant, charged with the murder of Alberto Portal (Alberto or victim), was convicted by a jury of murder in the second degree, and he appealed. He subsequently filed a motion for new trial, which was denied without appeal. He thereafter filed a second motion for new trial, which was also *352denied, and on this occasion he appealed from the order of denial. The direct appeal and the appeal from the order denying the second motion for a new trial have been consolidated. The defendant asserts that (1) his motion for a required finding of not guilty filed at the close of the Commonwealth’s…