Criminal Lawyer Massachusetts Boston Intent Distribute Drugs Possessed
Commonwealth v. Atman
Defendant appealed an order of the trial court (Massachusetts), which denied his motion for a required finding of not guilty on the criminal charge of intent to distribute heroin and convicted him of possession of heroin with intent to distribute.
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The Massachusetts Court made the following holding:
- Where the amounts of drugs possessed by a defendant are relatively small, and consistent with personal use, in the absence of other evidence, the element of intent to distribute has not been proved.
- A defendant’s motion to exclude his inculpatory statements must be accompanied by an affidavit as required by Mass. R. Crim. P. 13(a)(2).
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These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.