464 Mass. 566 - Appellant Montoya Brief - Mass Cases
464 Mass. 566 - Appellant Montoya Brief - Mass Cases
464 Mass. 566 - Appellant Montoya Brief - Mass Cases
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easily distinguishable. In that case, a pol officer<br />
was allowed to testify at trial that one-eighth of an<br />
ounce of cocaine was the equival 3.5 grams and<br />
, that one-quarter ounce was seven The SJC held<br />
that this jury could extrapolate this that one<br />
hundred grams was less than ounces. Therefore<br />
when the large hard ball of coca was taken into the<br />
jury room, the jury could form a lay opinion that it<br />
weighed more than four ounces. Id. at pp. 831-832. In<br />
this case, there was no is r the jury to make a<br />
similar extrapolation. Although Detective Hyde, while;<br />
testifying how cocaine is ged for street sale,<br />
described an fteight " as one eighth of an ounce or<br />
3.5 grams, he did not testify that in his opinion the<br />
individually wrapped introduced into evidence as<br />
,<br />
Exhibit 5 were" ght balls flB • In fact, he admitted<br />
that he had not ewed any police reports nor had he<br />
even seen the s containing the alleged cocaine<br />
before taking (2/133-134): Furthermore, the<br />
motion judge's it finding that Detective Hyde's<br />
testimony provided reliable alternative evidence<br />
concerning weight of the alleged contraband<br />
8 Detective Hyde so stated that cocaine was samet s<br />
broken down into smaller lots for street s e in<br />
amounts one gram and half a gram. (2/128)<br />
35