Commonwealth v. AldanaAnnotate this Case
The Supreme Judicial Court vacated Defendant’s convictions of two charges of possession of the ingredients to make an incendiary device or substance with the intent to do so, in violation of Mass. Gen. Laws ch. 266, 102(a), and remanded the matter for entry of required findings of not guilty, holding that the evidence presented at trial was not sufficient to establish every element of the Commonwealth’s case. Specifically, the court held that the evidence introduced at trial was insufficient to establish that Defendant was without lawful authority to possess three bags of different powders or the incidendiary substance, thermite, that the Commonwealth asserted that Defendant intended to make.