COMMONWEALTH v. VARGAS


417 Mass. 792 (1994)

632 N.E.2d 1223

COMMONWEALTH vs. RAUL VARGAS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 12, 1994.


Attorney(s) appearing for the Case

Woodrow Brown, Jr., for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

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


NOLAN, J.

The defendant appeals from his convictions on two indictments charging trafficking in cocaine. He asserts that the trial judge erred in permitting the Commonwealth to proffer evidence of a past crime to show predisposition in response to the defendant's assertion that he was entrapped. We transferred this case on our own motion. We reverse on the ground that the judge's jury instructions concerning the evidence...

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