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COMMONWEALTH v. POWERS

9 Mass. App. Ct. 771 (1980)

404 N.E.2d 1260

COMMONWEALTH vs. KATHLEEN M. POWERS (and a companion case).

Appeals Court of Massachusetts, Middlesex.

May 28, 1980.

Attorney(s) appearing for the Case

Richard J. Hayes for the defendant.

Phyllis J. Broker, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GOODMAN, J.

The defendant was convicted on two complaints charging her with obtaining possession of a controlled substance by "forgery or falsification of a prescription." See G.L.c. 94C, § 33(b). She appeals and claims various errors in the judge's charge to the jury.

1. Reasonable doubt. The focus of the defendant's attack is on the judge's statement set out in the margin.1 That

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