COMMONWEALTH v. MURCHISON

No. 92-P-718.

35 Mass. App. Ct. 269 (1993)

618 N.E.2d 1382

COMMONWEALTH vs. RICHARD L. MURCHISON.

Appeals Court of Massachusetts, Hampden.

September 7, 1993.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Present: SMITH, KAPLAN, & IRELAND, JJ.


KAPLAN, J.

Upon indictment and trial by jury, the defendant Richard Murchison was convicted of possessing heroin with intent to distribute (G.L.c. 94C, § 32) and was sentenced thereon as a second offender (G.L.c. 94C, § 32). He appeals. He does not contend that the evidence was insufficient to support the conviction. Rather he complains that a comment the judge felt obliged to make about parts of his counsel's closing speech to the jury, with its theme that...

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