Massachusetts Appeals Court November 16, 1983 (Commonwealth v. Burke)

The defendant argues that it was error to deny his motion brought under Mass.R.Crim.P. 25(a), 378 Mass. 896 (1979), for a required finding of not guilty on a complaint charging him with breaking and entering a building in the nighttime with the intent to commit a felony. G. L. c. 266, § 16.

Applying the standard set out in Commonwealth v. Latimore, 378 Mass.