Commonwealth v. James

The defendant was convicted by a Superior Court jury of trafficking in cocaine in an amount in excess of 100 grams, G. L. c. 94C, § 32E(£>)(3). On appeal he argues that (1) the judge improperly denied his motion for a required finding of not guilty; and (2) improper remarks in the prosecutor’s closing argument created a substantial risk of a miscarriage of justice. We agree with the defendant regarding his first claim, and thus, it is unnecessary to review the defendant’s second claim.

1. Background. On May 5, 1998, the Worcester police executed a search warrant for the third-floor,…