COMMONWEALTH v. CARABALLO

No. 91-P-1271.

33 Mass. App. Ct. 616 (1992)

602 N.E.2d 1110

COMMONWEALTH vs. JUAN CARABALLO.

Appeals Court of Massachusetts, Suffolk.

November 20, 1992.


Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Marina Medvedev, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, FINE, & GILLERMAN, JJ.


PERRETTA, J.

On an indictment charging the defendant with trafficking in cocaine, the jury found him guilty of the lesser included offense of possession of that drug. Taking the evidence and reasonable inferences therefrom in the light most favorable to the Commonwealth, we conclude that it was insufficient to show beyond a reasonable doubt that the defendant constructively possessed cocaine. We reverse the judgment.

1. The evidence. Evidence was admitted...

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