Commonwealth v. Saez

The defendant was indicted for the crime of unlawful possession of heroin with intent to distribute. At the conclusion of the Commonwealth’s evidence, the defendant filed a motion for a required finding of not guilty. The motion was denied, and it is the defendant’s sole contention on appeal that the judge’s action in denying the motion constituted error.

We recite the facts that could have been found by the jury. On October 28, 1983, three police officers were conducting a narcotics surveillance on King Street in Worcester. The defendant was observed standing in front of 20 King Street. At…