Massachusetts Supreme Judicial Court· 12/18/1995

Commonwealth v. Barbosa

Citations

421 Mass. 547
658 N.E.2d 966
1995 Mass. LEXIS 472

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

discussing under art. 12 of Massachusetts Declaration of Rights and G. L. c. 277, § 20
unanimity instruction that limited consideration to one of two incidents did not cure duplicity problem
no one may be convicted of crime punishable by term in State prison without first being indicted for that crime by grand jury
right to object to indictment not waived and properly preserved where defendant moved to dismiss before trial
Commonwealth presented evidence of two drug transactions, but ambiguity in indictment as to which transaction formed factual basis of charge required reversal of convictions
indictment alleging single count of distribution of cocaine was defective where grand jury were presented with evidence of two separate transactions, each of which constituted distribution

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Judges: Lynch

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