Opinion
July 19, 1976.
The case was submitted on briefs.
Adam M. Lutynski for the defendant.
William J. Galvin, Jr., Assistant District Attorney, for the Commonwealth.
The judge did not abuse his discretion in denying the defendant's motion for a mistrial following certain opening remarks by the prosecution. See Commonwealth v. Bellino, 320 Mass. 635, 644 (1947), cert. den. 330 U.S. 832 (1947); Commonwealth v. Hartford, 346 Mass. 482, 485-486 (1963); Commonwealth v. DeChristoforo, 360 Mass. 531, 536-538 (1971); Commonwealth v. Salemme, 3 Mass. App. Ct. 102, 105-106 (1975). Nor was there error in the judge's denial of the defendant's motion for a directed verdict, as there was sufficient evidence from which the jury could have found that the defendant participated in a joint enterprise with his codefendants and others to commit larceny from the policewoman. See Commonwealth v. Conroy. 333 Mass. 751, 755 (1956); Commonwealth v. Pina, 360 Mass. 139, 143 (1971); Commonwealth v. Mangula, 2 Mass. App. Ct. 785, 789, 792-793 (1975); Commonwealth v. Drew, ante, 30, 31-33 (1976).
Judgment affirmed.