Commonwealth v. Paine

After a jury trial in the Superior Court, the defendant was convicted of two counts of possession of a class E substance, in violation of G. L. c. 94C, § 34. The charges arose from the seizure by police of three tablets found in a container in the defendant’s purse. On appeal, the defendant argues that the evidence was insufficient to establish that the tablets contained cyclobenzaprine and quetiapine, as alleged in the indictments. Because we agree that there was insufficient proof of the composition of the tablets, we reverse.

1. Background. Viewed in the light most favorable to the…