Commonwealth v. Noons

After trial before a judge sitting without jury in proceedings conducted under G. L. c. 278, §§ 33A-33G, the defendant was convicted of knowingly and intentionally distributing a controlled substance, heroin. G. L. c. 94C, § 32, as inserted by St. 1971, c. 1071, § 1. The only error assigned by the defendant is the denial of his motion for a finding of not guilty at the conclusion of the Commonwealth’s case. The Commonwealth does not contend that the defendant personally made physical delivery of the heroin to the undercover officer but argues that the defendant’s participation in the entire…