(dissenting). In my view, it was error for the trial judge to deny the defendant’s motion for a required finding of not guilty. No rational trier of fact could have been convinced of the defendant’s guilt beyond a reasonable doubt. See Commonwealth v. Latimore, 378 Mass. 671, 676-678 (1979).
The evidence, viewed in the light most favorable to the Commonwealth, suggested at most that it was possible that the defendant was the individual who broke into Ferreira’s business. Fingerprint evidence, supposedly, linked him to the crime. According to the undisputed testimony of Commonwealth witnesses, however, the defendant had been a continuous and frequent visitor to Ferreira’s business establishment, with access to various parts of the premises. It is not surprising, therefore, that, during the course of the investigation, a set of his fingerprints would be lifted from a metal box which normally sat on top of a desk in Ferreira’s office. Nothing of value was kept in the box. The majority stretches to find, in addition to the weak inference suggested by the fingerprints, proof of a motive for the crime. The evidence at best is neutral, however, as to motive. True, Ferreira had fired the defendant ten months before the break-in. However, there was no evidence that the defendant and Ferreira had not remained on friendly terms throughout the period until the break-in. Ferreira had arranged for the defendant to be employed in a similar business owned by Ferreira’s uncle, and, in the course of that employment the defendant frequently brought cars to Ferreira’s repair shop. Moreover, Ferreira was holding out to the defendant the prospect of employment in the future.
Given the weaknesses in the Commonwealth’s case, the evidence suggestive of the defendant’s innocence assumes significance. It seems unlikely that the defendant would have expended the effort required to open the empty safe with a blowtorch, knowing, as Ferreira indicated the defendant did, that it was not Ferreira’s custom to leave money in the safe overnight.