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COMMONWEALTH vs. ERIC S. FRENCH.
February 14, 2017.
Breaking and Entering. Larceny. Practice, Criminal, Required finding. Evidence, Fingerprints, Identification. Identification.
Following a jury-waived trial in the District Court, a judge found the defendant, Eric S. French, guilty of breaking and entering in the daytime with the intent to commit a felony, in violation of G. L. c. 266, § 18, and larceny of property over $ 250, in violation of G. L. c. 266, § 30 (1). The defendant appealed, arguing that the evidence was insufficient to support the convictions. The Appeals Court, in a divided decision, affirmed the judgments. See Commonwealth v. French, 88 Mass. App. Ct. 477 (2015). The case is now before this court on further appellate review. Because we conclude that the evidence was not sufficient to find, beyond a reasonable doubt, that the defendant committed the crimes charged, we reverse.