Com. v. Baltrop
| Decision Date | 11 April 1974 |
| Citation | 309 N.E.2d 214,2 Mass.App.Ct. 819 |
| Parties | COMMONWEALTH v. Hubert BALTROP. |
| Court | Appeals Court of Massachusetts |
Henry F. Owens, III, Boston, and Anne Hoffman, Boston, on briefs, for defendant.
Imelda LaMountain, Asst. Dist. Atty., on briefs, for the Commonwealth.
Before HALE, C.J., and KEVILLE and ARMSTRONG, JJ.
RESCRIPT.
After a trial held under the provisions of G.L. c. 278, §§ 33A--33G, the defendant was found guilty of possession of heroin, possession of hypodermic needles and syringes, and possession of heroin with intent to sell. He was sentenced on the latter indictment. He has appealed, and the case is before us on his assignment of errors. 1. The principal issue is whether certain exhibits were erroneously admitted in evidence because 'links in the chain of custody' were missing. We have examined the transcript of the trial and are of the opinion that the chain of custody of the exhibits could be found to have been sufficiently established to justify their admission in evidence. 'If there were weaknesses in the chain, that would go to the weight of the evidence rather than to its admissibility.' Commonwealth v. White, 353 Mass. 409, 419--420, 232 N.E.2d 335, 342 (1967), and cases cited. 2. Evidence that the defendant, a heroin user, possessed 375 bags of heroin having a street value of $3,750, warranted the jury's inferring that the defendant intended to sell the hereoin. Commonwealth v. Ellis, 356 Mass. 574, 578--579, 254 N.E.2d 408 (1970).
Judgment affirmed.
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Opinion of the Justices to House of Representatives
...See, e. g., Commonwealth v. Rivera, --- Mass.App. --- (Mass.App.Ct.Adv.Sh. (1978) 1129) 382 N.E.2d 210 (1978); Commonwealth v. Baltrop, 2 Mass.App. 819, 820, 309 N.E.2d 214 (1974); United States v. Bycer, 593 F.2d 549, 551 (3d Cir. 1979); United States v. Muckenthaler, 584 F.2d 240, 247 n. ......
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Com. v. Roman
...as here, the drugs were distinctively packaged"); Commonwealth v. Sendele, supra ("distinct packaging"); Commonwealth v. Baltrop, 2 Mass.App.Ct. 819, 820, 309 N.E.2d 214 (1974) (375 bags of heroin with street value of $10 each). In some cases, an intent to distribute has been supported by e......
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Com. v. Sendele
...the possession of 14.68 grams, but there the cocaine content was but 5% (see at 401, 90 S.Ct. at 644). Compare Commonwealth v. Baltrop, 2 Mass.App.Ct. 819, 309 N.E.2d 214 (1974) (street value $3,750, conviction sustained). See also Commonwealth v. Rivera, 6 Mass.App.Ct. 947, 382 N.E.2d 210 ......
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Com. v. Fiore
...326 N.E.2d 320 (1975)) and the testimony was obviously relevant to the defendant's intent to distribute. See Commonwealth v. Baltrop, 2 Mass.App. 819, 820, 309 N.E.2d 214 (1974); Commonwealth v. Rivera, --- Mass.App. --- f, 382 N.E.2d 210 (1978). See also cases cited in Opinion of the Justi......