Commonwealth v. Senbatu

We are compelled to reverse the defendant’s conviction upon an indictment charging him with trafficking in cocaine of a net weight of more than twenty-eight grams but less than one hundred grams. G. L. c. 94E, § 32E(6)(2)(1992 ed.).

In executing a search warrant for the defendant’s apartment, the police confiscated two packets of a white powdery substance from the defendant’s vest pocket. An additional (third) packet was discovered in a man’s jacket hanging over a chair in the kitchen, near where a woman had been sitting. A police officer testified that the defendant acknowledged that the…