COMMONWEALTH v. CRAWFORD.

No. 97-P-0506.

46 Mass. App. Ct. 423 (1999)

COMMONWEALTH v. DONALD E. CRAWFORD.

Court of Appeals of Massachusetts, Suffolk.

March 8, 1999.


Attorney(s) appearing for the Case

James R. Knudsen for the defendant.

Jane L. McDonough, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, GILLERMAN, & KASS, JJ.


GILLERMAN, J.

The defendant was convicted by a Boston Municipal Court jury of possession of cocaine with the intent to distribute, G. L. c. 94C, § 32A, and possession of marijuana, G. L. c. 94C, § 34. On appeal, he challenges his conviction on the cocaine distribution charge by arguing that the trial judge erred by excluding evidence relating to the defendant's state of mind and by giving a "missing witness" instruction.

We summarize the trial testimony...

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