Commonwealth v. Woffard

STEINBERG, J.,

The defendant, Junie Woffard, is charged with persons not to possess, use, Manufacture, Control, Sell or Transfer Firearms,1 and Firearms Not to be Carried Without a License,2 based on photographs which depict him in possession of a TEC-9 semi-automatic handgun.3 The defendant contends that the photographs, which were extracted from a cell phone, are not proper “silent witness”4 evidence, even though the *423defendant admitted during a police interview that he was holding a real TEC-9 in the photographs. He also admitted that the photographs were taken approximately two hours before…