Commonwealth v. Cullity
Annotate this CaseFollowing a jury-waived trial, Defendant was convicted of possession of a class B substance. The Appeals Court reversed and directed the entry of judgment for Defendant, concluding that the evidence on the record was insufficient to establish constructive possession. The Supreme Judicial Court allowed the Commonwealth’s application for further appellate review limited to the issues concerning the sufficiency of the evidence. The Court affirmed the district court, holding that the trial judge, as finder of fact, was amply warranted in finding that Defendant intended to exercise dominion and control over a bag of PCP found in a vehicle in which he was a passenger.
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