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COMMONWEALTH v. DAVIS

No. 99-P-1633.

52 Mass. App. Ct. 75 (2001)

COMMONWEALTH v. WADE DAVIS.

Court of Appeals of Massachusetts, Berkshire.

July 11, 2001.

Attorney(s) appearing for the Case

Julie Ann Boyden for the defendant.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

Present: BROWN, JACOBS, & MCHUGH, JJ.

BROWN, J.

The defendant was convicted by a Superior Court jury of distribution of cocaine. G. L. c. 94C, § 32A. We conclude that the erroneous answer supplied by the trial judge to a jury question created a substantial risk of a miscarriage of justice. We reverse the defendant's conviction.

The defendant was convicted largely, if not solely, on the testimony of one Francis Thornton. Some time before the...

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