Commonwealth v. DiCato

The defendant, charged with two drug offenses, was tried in a joint trial with another, who was charged with seven drug offenses. No motion to sever was filed prior to trial or after the opening statements. In his appeal from his conviction of unlawful possession with intent to distribute marijuana (G. L. c. 94C, § 31), the defendant claims that the trial court erred: in denying his motions made during trial for relief from prejudicial joinder and for a mistrial; in admitting in evidence a statement made by his codefendant that he and the defendant were “partners”; in admitting in evidence…