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COMMONWEALTH v. CATERINO

No. 91-P-605.

31 Mass. App. Ct. 685 (1991)

583 N.E.2d 259

COMMONWEALTH vs. EUGENE CATERINO.

Appeals Court of Massachusetts, Middlesex.

December 19, 1991.

Attorney(s) appearing for the Case

James E. McCall for the defendant.

Kevin J. Mahoney, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., FINE, & GREENBERG, JJ.

WARNER, C.J.

The defendant was convicted of trafficking in twenty-eight grams or more of cocaine in violation of G.L.c. 94C, § 32E.1 He contends that the trial judge erred in failing to grant his motion for a required finding of not guilty, made at the close of the Commonwealth's case. We agree that the motion should have been granted because the Commonwealth failed to produce sufficient evidence to prove an essential element of the...

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