Commonwealth v. Tinsley
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The Supreme Judicial Court affirmed the allowance of Defendant's motion for a new trial, holding that the evidence supporting the charge of armed home invasion was insufficient to allow a finding beyond a reasonable doubt on each element of the offense.
Defendant was convicted of armed home invasion, armed burglary, robbery while armed and masked, and other charges. Defendant later filed a motion for a new trial on the charge of armed home invasion, arguing that there was insufficient evidence that he was armed when he entered the building. The superior court allowed the motion. The Supreme Judicial Court affirmed and vacated and set aside Defendant's conviction of armed home invasion, holding that because there was no evidence that Defendant armed himself with a weapon before he entered the building, he could not be convicted of armed home invasion. The Court remanded the matter to the superior court for reconsideration of the sentencing scheme on the remaining convictions.
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