5 Mass. App. Ct. 838 | Mass. App. Ct. | 1977
The defendant, who had rested at the conclusion of the Commonwealth’s case, was the only person who could have contradicted the testimony of the Commonwealth’s chief witness to the effect that he (the witness) had purchased the capsules from the defendant, and it was clearly improper for the prosecutor to conclude his closing argument to the jury with the remarks, “[the defendant] doesn’t deny selling the drugs. There is no defense here that there is any mistaken identification____ There’s no real defense that the capsules didn’t contain barbituric acid.” Commonwealth v. Domanski, 332 Mass. 66, 70-71 (1954). Commonwealth v. Balthazar, 366 Mass. 298, 303-304 (1974). Commonwealth v. Borodine, 371 Mass. 1, 10 (1976). However, it was discretionary with the judge whether she would allow the defendant’s immediate motion for mistrial or would (as she said within the hearing
Judgment affirmed.