Massachusetts Appeals Court December 26, 1978 (Commonwealth v. Johnson)

The defendant’s second substitute bill of exceptions correctly asserts error in the denial by a Superior Court judge, sitting jury waived, of the defendant’s motion for acquittal (stated as a motion for a directed verdict) made at the close of the Commonwealth’s case, see Commonwealth v. Kelley, 370 Mass. 147, 149 (1976), on a complaint for unauthorized use of an automobile in violation of G. L.