Commonwealth v. Ellis

The defendant was tried on five indictments charging violations of the narcotic drug laws, G. L. c. 94, §§ 197-217E: (1) for unlawful possession of heroin, (2) for unlawful possession of a narcotic drug (morphine), (3) for possession of a narcotic drug (morphine) with intent unlawfully to sell, (4) for possession of heroin with intent to unlawfully sell, (5) for unlawful possession of (a) a hypodermic syringe and (b) a hypodermic needle. The judge in a jury waived trial, found the defendant guilty on all of the indictments. The defendant appealed under the provisions of G. L. c. 278, §§…