Commonwealth v. Rosa

The defendant was convicted by a jury of possession of heroin with intent to distribute, and his appeal under G. L. c. 278, §§ 33A-33G, challenges the judge’s evidentiary rulings. The Appeals Court affirmed the judgment, 4 Mass. App. Ct. 839 (1976), and we allowed the defendant’s application for further appellate review. We affirm the judgment of the Superior Court on a basis somewhat different from that of the Appeals Court.

The defendant shared an apartment with his wife, a son, and three grandchildren. Police officers entered the apartment on November 18,1974, pursuant to a search warrant,…