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COMMONWEALTH v. MURPHY

No. 91-P-1455.

34 Mass. App. Ct. 16 (1993)

605 N.E.2d 1254

COMMONWEALTH vs. HAROLD J. MURPHY.

Appeals Court of Massachusetts, Worcester.

January 20, 1993.

Attorney(s) appearing for the Case

Yvonne P. Toyloy, Committee for Public Counsel Services, for the defendant.

Michael A. Uhlarik, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, DREBEN, & GILLERMAN, JJ.

PERRETTA, J.

After a jury-waived trial, the defendant was convicted and sentenced on indictments charging him with possession of cocaine with intent to distribute and with possession of the same cocaine. Concluding that the Commonwealth did not sustain its burden of proof on the indictment charging possession with intent to distribute, we reverse that conviction and affirm the conviction on the lesser included offense of possession.

1. The evidence.

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