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COMMONWEALTH v. BARBOSA

421 Mass. 547 (1995)

COMMONWEALTH vs. VIRGILIO BARBOSA.

Supreme Judicial Court of Massachusetts, Suffolk.

December 18, 1995.

Attorney(s) appearing for the Case

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

Stephen D. Fuller, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, LYNCH, GREANEY, & FRIED, JJ.

LYNCH, J.

The defendant appeals from his convictions of distribution of cocaine, possession of cocaine with intent to distribute, and distribution of cocaine within a school zone, in violation of G.L.c. 94C, §§ 32A, 32J (1994 ed.). On appeal, he argues first that he may have been convicted of a crime for which he was not indicted, in violation of art. 12 of the Declaration of Rights of the Massachusetts Constitution...

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