COMMONWEALTH v. RODRIGUEZ


11 Mass. App. Ct. 379 (1981)

416 N.E.2d 540

COMMONWEALTH vs. GILBERTO R. RODRIGUEZ.

Appeals Court of Massachusetts, Middlesex.

February 13, 1981.


Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

Robert L. Rossi, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., BROWN, & NOLAN, JJ.


HALE, C.J.

Following a jury trial on a complaint charging possession of a controlled substance (heroin) (G.L.c. 94C, § 34), the defendant was convicted of being present where heroin was illegally kept (G.L.c. 94C, § 35). The defendant contends that he was convicted of an offense not charged in the complaint.

The jury could have found that on November 8, 1977, at 2:00 A.M. the police, armed with a search warrant, entered the apartment occupied by...

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