COMMONWEALTH v. JOHNSON


405 Mass. 488 (1989)

542 N.E.2d 248

COMMONWEALTH vs. JAMES C. JOHNSON.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 1989.


Attorney(s) appearing for the Case

Richard Zorza, Committee for Public Counsel Services, for the defendant.

Jane A. Donohue, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

After a jury trial, the defendant was convicted of possession of cocaine with intent to distribute, in violation of G.L.c. 94C, § 32B (1988 ed.). The defendant appealed, arguing that he is entitled to a new trial due to error in the judge's instructions to the jury. We transferred the case from the Appeals Court on our own initiative. We affirm the conviction.

The judge instructed the jury in relevant part as follows: "The Commonwealth must...

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