Commonwealth v. Gray

After a jury trial in the Superior Court, the defendant was convicted of a single count of assault and battery and was acquitted of extortion by threats, improper use of a credit card, and unarmed robbery. The day after the trial concluded, the defendant moved to set aside the jury’s guilty verdict; the motion was denied. The defendant later moved for reconsideration, and after a nonevidentiary hearing, the trial judge allowed the motion in a written memorandum of decision. The Commonwealth has appealed.

*86The charges arose from an incident that occurred after the victim had consensual sex with…