Commonwealth v. Spencer

We address the question of the adequacy of a grand jury indictment under art. 12 of the Declaration of Rights of the Massachusetts Constitution when the grand jury hears evidence of two separate drug transactions, but returns an indictment based only on one. The defendant was indicted for distribution of heroin (G. L. c. 94C, § 32); for the same crime as a subsequent offense (G. L. c. 94C, § 32[¿>]); and for distribution of narcotics within one thousand feet of a school (G. L. c. 94C, § 32J). He was convicted by a jury upon the indictments alleging distribution and distribution within a…