State v. Fortes

Alfred A. Fortes, Jr., was tried before a Superior Court justice sitting without a jury on an indictment which charged him with unlawful possession and control of dexamyl, a barbiturate, in violation of G. L. 1956 (1968 Reenactment) §21-29-3(d). After being found guilty, he ap pealed. We reverse because in our judgment the evidence was insufficient to support a finding of guilt.

All of the direct evidence in the case came from prosecution witnesses, defendant having rested at the conclusion of the state’s case. On the evening of February 26, 1969, defendant was a passenger in a 1963 Chevrolet…