COMMONWEALTH v. GONZALEZ

No. 05-P-1627.

67 Mass. App. Ct. 877 (2006)

COMMONWEALTH v. Luis A. GONZALEZ.

Appeals Court of Massachusetts, Plymouth.

December 27, 2006.


Attorney(s) appearing for the Case

William T. Harrington for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Present: Kantrowitz, Cowin, & Grainger, JJ.


KANTROWITZ, J.

In this case we are faced with the interaction of two common legal principles, which ordinarily do not conflict, but theoretically do so in the unique facts here. The first principle is that a jury may believe all, some, or none of the testimony of a witness; the second principle is that the view of the evidence must be rational.

A jury convicted the defendant of trafficking in twenty-eight to ninety-nine grams of heroin (G.L. c. 94C, §...

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