Commonwealth v. Baptista

Following a jury trial, the defendant was convicted of breaking and entering a building with the intent to commit a felony, and larceny. The latter conviction was filed with the defendant’s consent. The only issue at trial was the identity of the person who committed the crimes. On appeal, the defendant claims that he was convicted solely on fingerprint evidence and argues that such evidence was insufficient to warrant the verdict. The defendant did not move for a required finding of not guilty at the trial. “However, findings based on legally insufficient evidence are inherently serious…