Commonwealth v. Rodriguez

Following a jury trial on a complaint charging possession of a controlled substance (heroin) (G. L. c. 94C, § 34), the defendant was convicted of being present where heroin was illegally kept (G. L. c. 94C, § 35). The defendant contends that he was convicted of an offense not charged in the complaint.

The jury could have found that on November 8, 1977, at 2:00 a.m. the police, armed with a search warrant, entered the apartment occupied by the defendant, his girl friend and her five children. In the course of a lengthy search, the police seized, among other things, a paper bag containing: a box…