Commonwealth v. Cantres

A District Court judge found probable cause on a complaint alleging that the defendant “did conspire with Philip A. DeMarco to violate the provisions of G. L. c. 94C [Controlled Substances Act], to wit: Distribution of Heroin, in violation of G. L. c. 94C, § 40.” A grand jury subsequently indicted the defendant. The indictment stated that, “Jose Cantres did conspire with Philip DeMarco to violate the Controlled Substance Act.” The specific violation of the Controlled Substances Act contemplated by the conspiracy was not specified. After discovery, including the Commonwealth’s furnishing the…