Commonwealth v. Tucker

The defendant was convicted after a jury-waived trial held pursuant to the provisions of G. L. c. 278, §§ 33A-33G, 1 of unlawful possession of heroin with intent to sell. He has assigned as error the judge’s refusal to strike certain testimony and his denial of a motion for a directed verdict (treated as a motion for a finding of not guilty) which was filed at the close of the Commonwealth’s case and was renewed after the defense had rested.

From the evidence introduced at the trial, the trial judge could have found the following. On January 25, 1972, police searched the defendant’s apartment…