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SOUCY v. COMMONWEALTH

No. SJC-11779.

470 Mass. 1025 (2015)

DAVID SOUCY v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts.

March 6, 2015.

Attorney(s) appearing for the Case

William J. Barabino for the petitioner.

Elin H. Graydon , Assistant District Attorney, for the Commonwealth.

RESCRIPT

Soucy was indicted for trafficking in a class B substance in violation of G. L. c. 94C, § 32E. In moving to dismiss the indictments, he argued that because the charges concerned pharmaceutical drugs (oxycodone tablets), the weight requirements under § 32E should be measured by the weight of the controlled substance (oxycodone) contained in the tablets, not by the tablets' total weight, and that there was an insufficient amount of the controlled...

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