Commonwealth v. Davis

A grand jury returned two indictments (nos. 99-579-001 and 99-579-002) charging the defendant with possession of cocaine with intent to distribute, second offense, on January 6, 1999, and on January 21, 1999, respectively. At an ensuing jury trial, the judge dismissed the first indictment at the conclusion of the Commonwealth’s case on the ground that the evidence was insufficient to warrant a finding beyond a reasonable doubt that the defendant was guilty of that charge. The jury found the defendant guilty of the primary charge alleged in the second indictment.

The defendant filed a…