Commonwealth v. Hughes

After a jury trial in the Superior Court, the defendant was convicted on two indictments charging distribution of cocaine, both as subsequent offenses. G. L. c. 94C, § 32A(c), {d). On appeal, he asserts a variety of errors, including a claim that the judge erred in declining to instruct the jury that the testimony of a paid informant should be weighed with care, as well as a claim that the prosecutor improperly commented on the defendant’s decision to exercise his right to present a defense. We agree and conclude that the combination of these two errors requires reversal of the defendant’s…