COMMONWEALTH v. ROSA


372 Mass. 697 (1977)

363 N.E.2d 681

COMMONWEALTH vs. AUGUSTIN ROSA.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 1977.


Attorney(s) appearing for the Case

Thomas Hoffman for the defendant.

Robert J. McKenna, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.


BRAUCHER, J.

The defendant was convicted by a jury of possession of heroin with intent to distribute, and his appeal under G.L.c. 278, §§ 33A-33G, challenges the judge's evidentiary rulings. The Appeals Court affirmed the judgment, 4 Mass.App.Ct. 839 (1976), and we allowed the defendant's application for further appellate review. We affirm the judgment of the Superior Court on a basis somewhat different from that of the Appeals Court.

The defendant...

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