Commonwealth v. Fazzino

At the close of the Commonwealth’s evidence, the defendant moved for a required finding of not guilty. His fingerprint had been found in two places on a file box at the scene of a breaking and entry, but the defendant argues that those prints were the sole evidence tying him to the crime. *486The prosecution was bound to rebut the possibility that the fingerprints had been placed on the box at a time other than that of the occurrence of the crime. See Commonwealth v. LaCorte, 373 Mass. 700, 702-703 (1977); Commonwealth v. Clark, 378 Mass. 392, 405-406 (1979).

The motion for a required finding of…