Commonwealth v. Sepheus

“Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”1

The Commonwealth’s case consists of evidence that the defendant had possession of three plastic “twists,” each containing a small rock of “crack” cocaine,2 along with $312 in United States currency, in unknown denominations. Based on this evidence, and conjecture from evidence that is as probative of possession for personal use as it is of possession with intent to distribute, the majority concludes that the judge below was correct…