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COMMONWEALTH v. BERRIO

No. 96-P-1887.

43 Mass. App. Ct. 836 (1997)

COMMONWEALTH v. PABLO BERRIO.

Court of Appeals of Massachusetts, Suffolk.

November 19, 1997.

Attorney(s) appearing for the Case

Paul J. Machado for the defendant.

Karen A. Rooney, Assistant District Attorney, for the Commonwealth.

Present: BROWN, LAURENCE, & SPINA, JJ.

BROWN, J.

The defendant was convicted by a Superior Court jury of so much of an indictment for trafficking in cocaine in an amount more than two hundred grams, G. L. c. 94C, § 32E, as charged possession of cocaine with the intent to distribute, G. L. c. 94C, § 32A. On appeal, he alleges that (1) the trial judge's instruction relating to prima facie evidence impermissibly shifted the burden of persuasion...

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