COMMONWEALTH v. BERTH


385 Mass. 784 (1982)

434 N.E.2d 192

COMMONWEALTH vs. CURTIS BERTH (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1982.


Attorney(s) appearing for the Case

Michael J. Traft, Assistant District Attorney (James J. Larkin, Assistant District Attorney, with him) for the Commonwealth.

Milly Whatley for Otis Jones, Jr.

Joseph D. Wishnow for Curtis Berth.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The defendants were convicted in the Superior Court of violations of G.L.c. 94C, § 32. They appealed to the Appeals Court which reversed, finding error in the judge's charge concerning alibi. Commonwealth v. Berth, 12 Mass.App.Ct. 936 (1981). We granted the Commonwealth's application for further appellate review. We agree with the Appeals Court that the judgments must be reversed and that a new trial is required.

The evidence may...

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