Legal Opinion
Commonwealth v. McGilvery
Massachusetts Appeals Court
Decided June 26, 2009No. 08-P-1878PublishedCited by 14 opinions
1Opinion of the CourtFecteau, J.
The defendant was convicted of possession of a class B controlled substance following a bench trial in the Boston *509Municipal Court.2 On appeal, he contends that the judge erred when, following the close of the evidence, she allowed the Commonwealth’s motion to amend the complaint from its original charge of possession of a class A controlled substance to possession of a class B controlled substance. See G. L. c. 94C, §§ 31, 34. He also complains that the judge erred when denying his motion for a required finding of not guilty at the conclusion of the Commonwealth’s case for the same reason,…
2Cases cited14 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004
- Commonwealth v. ChavisMassachusetts Supreme Judicial Court · 1993
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Blanchette v. School Committee of WestwoodMassachusetts Supreme Judicial Court · 1998
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. VasquezMassachusetts Supreme Judicial Court · 2010
- Swaby v. YatesCourt of Appeals for the First Circuit · 2017
- Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. MacDonaldMassachusetts Supreme Judicial Court · 2011
9 more not listed; retrieve them via the Exa API.