Commonwealth v. Tripp, 440 N.E.2d 1286 (Mass. App. Ct. 1982). · Go Syfert
Commonwealth v. Tripp, 440 N.E.2d 1286 (Mass. App. Ct. 1982). Cases Citing This Book View Copy Cite
30 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: Commonwealth v. Sepheus (massappct, 2012-11-21)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) Commonwealth v. Sepheus
Mass. App. Ct. · 2012 · confidence medium
See Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 419, 422-424 (1982) (possession of six packets of marijuana totaling 23.44 grams and six packets of cocaine totaling 6.63 grams, without more, did not warrant guilty finding as to intent to distribute); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982) (possession of eight glossine bags of heroin, two smaller bags containing heroin, and two packets containing cocaine not sufficient evidence, standing alone, to withstand motion for required finding on charge of intent to distribute); Commonwealth v. Andrews, 49 Mass. App. Ct. 201, 20…
cited Cited as authority (rule) Commonwealth v. Montalvo
Mass. App. Ct. · 2010 · confidence medium
See Commonwealth v. Wooden, 13 Mass. App. Ct. at 424 ; Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 999 (1982); Commonwealth v. Reid, 29 Mass. App. Ct. 537, 538-540 (1990).
discussed Cited as authority (rule) Commonwealth v. Clark
Mass. · 2006 · confidence medium
Relying primarily on Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982), and Commonwealth v. Senati, 3 Mass. App. Ct. 304, 305-306 (1975), the defendant argues that the evidence is equally consistent with his being the purchaser of the heroin as it is with his being the seller.
discussed Cited as authority (rule) Commonwealth v. Ahart
Mass. App. Ct. · 2005 · confidence medium
Contrast Commonwealth v. Wooden, supra at 422-424 (six bags of marijuana and six bags of cocaine, weighing 23.44 and 6.63 grams respectively, insufficient); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982) (eight bags standing alone insufficient).
discussed Cited as authority (rule) Commonwealth v. O'Toole
Mass. App. Ct. · 2001 · confidence medium
See Commonwealth v. Senati, 3 Mass. App. Ct. 304, 306 (1975) (five bags near defendant who had $41; small amount of cocaine near other man who had $146; evidence insufficient to determine who was buyer and who was seller); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982) (one man counting money; another with packages of narcotics); Commonwealth v. Reid, 29 Mass. App. Ct. 537, 538-539 (1990), all cited as distinguishable in Soto, 45 Mass. App. Ct. at 112 .
discussed Cited as authority (rule) Commonwealth v. Gollman (2×) also: Cited "see"
Mass. App. Ct. · 2001 · confidence medium
See Commonwealth v. Latimore, 378 Mass. 671, 676 (1979); Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982).
discussed Cited as authority (rule) Commonwealth v. Andrews
Mass. App. Ct. · 2000 · confidence medium
See Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982) (possession of six packets of marijuana totaling 23.44 grams, and six packets of cocaine totaling 6.63 grams, without more, did not warrant guilty verdict); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982) (possession of eight glassine bags containing heroin, two smaller bags containing heroin, and two paper packets containing cocaine does not, standing alone, give rise to inference of distribution).
discussed Cited as authority (rule) Commonwealth v. Gonzalez
Mass. App. Ct. · 1999 · confidence medium
For cases in which the court thought the evidence supported a finding of buying or possession equally with a finding of selling — and, thus, requiring a finding of not guilty of distribution — see Commonwealth v. Senati, 3 Mass. App. Ct. 304, 305-306 (1975); Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982); Commonwealth v. Reid, 29 Mass. App. Ct. at 538-539 ; Commonwealth v. Navarro, 39 Mass. App. Ct. at 169 .
discussed Cited as authority (rule) Commonwealth v. Soto
Mass. App. Ct. · 1998 · confidence medium
Here, unlike the cases of Commonwealth v. Senati, 3 Mass. App. Ct. at 306 ; Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982); and Commonwealth v. Reid, 29 Mass. App. Ct. 537, 539 (1990), where it could not reasonably be determined who was the buyer or who was the seller, the jury were warranted in finding that the packet of cocaine produced from Miller’s bra almost immediately after her encounter with the defendant, and as a consequence of her discussion with Duggan, came from the defendant, and that Miller had been the buyer.
discussed Cited as authority (rule) Commonwealth v. Roman (2×)
Mass. · 1993 · confidence medium
See also Commonwealth v. Murphy, 34 Mass. App. Ct. 16, 18 (1993) (following Wooden); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982) (no evidence offered to show possession of eight bags of heroin more consistent with distribution than with personal use).
cited Cited as authority (rule) Commonwealth v. Murphy
Mass. App. Ct. · 1993 · confidence medium
See Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982).
discussed Cited as authority (rule) Commonwealth v. James (2×)
Mass. App. Ct. · 1991 · confidence medium
His term of recall service ended before the opinion was issued. [2] See Commonwealth v. Rugaber, 369 Mass. 765, 770 (1976); Commonwealth v. Pratt, 407 Mass. 647, 650-651, 653 (1990). [3] See Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982). [4] See note 4 to the opinion of the majority.
cited Cited as authority (rule) Commonwealth v. Reid
Mass. App. Ct. · 1990 · confidence medium
See Commonwealth v. Senati, 3 Mass. App. Ct. 304, 306 (1975); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982).
cited Cited as authority (rule) Commonwealth v. LaPerle
Mass. App. Ct. · 1985 · confidence medium
See ibid.; Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982).
discussed Cited as authority (rule) Commonwealth v. Sendele (2×) also: Cited "see, e.g."
Mass. App. Ct. · 1984 · confidence medium
See Commonwealth v. Tucker, 2 Mass. App. Ct. 328, 330 (1974); Commonwealth v. Fiore, 9 Mass. App. Ct. 618, 624, cert. denied, 449 U.S. 938 (1980); Commonwealth v. Wooden, 13 Mass. App. Ct. at 422-423 ; Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998 (1982). 15 This was not a case where the hypotheses of distribution and personal use were supported equally by the record.
cited Cited as authority (rule) Commonwealth v. Miller
Mass. App. Ct. · 1984 · confidence medium
Cf. Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 422-424 (1982); Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 998-999 (1982). 3.
discussed Cited "see" Commonwealth v. Alvarado (2×)
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Tripp , 14 Mass. App. Ct. 997 , 998, 440 N.E.2d 1286 (1982) (evidence that one person was in possession of eight glassine bags of heroin while another was counting money did not distinguish one individual as the seller or the other as the buyer).
cited Cited "see" Commonwealth v. Rivera
Mass. App. Ct. · 1998 · signal: see · confidence high
See Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 999 (1982).
cited Cited "see" Commonwealth v. Burke
Mass. App. Ct. · 1997 · signal: see · confidence high
See Commonwealth v. Tripp, 14 Mass. App. Ct. 997, 999 (1982).
cited Cited "see, e.g." Commonwealth v. Ortiz
Mass. App. Ct. · 2000 · signal: compare · confidence low
Compare Commonwealth v. Tripp, 14 Mass. App. Ct. 997 (1982).
Commonwealth
v.
Joseph Tripp
Massachusetts Appeals Court.
Oct 7, 1982.
440 N.E.2d 1286
Daniel E. Callahan (Stephanie Page with him) for the defendant., Robert W. Nelson, Jr., Assistant District Attorney, for the Commonwealth.
Cited by 23 opinions  |  Published

[*998] The evidence introduced in the Commonwealth’s case may be summarized as follows. Acting on a telephone tip, five police detectives went to a lounge on Boylston Street in Boston about 1:20 a.m. on October 23, 1980. Upon entering, they observed patrons of the lounge on the dance floor, at two bars, and seated at tables. The officers proceeded to the rear of the lounge. There one of the detectives observed the defendant with glossine bags in his hand conversing with another man who appeared to be counting money. This detective immediately arrested the defendant and seized eight glossine bags from his hand. These bags were later determined to contain heroin. A subsequent search at the police station uncovered two smaller glossine bags containing heroin in one of the pockets of the defendant’s trousers and two paper packets containing cocaine in one of his socks. No other drugs, drug paraphernalia, or money were found on the defendant. The man observed counting the money was not arrested. A police detective was permitted to give expert testimony that each bag of heroin seized from the defendant’s hand was a “New York Quarter” having a street value of between $80 and $90, and that the two smaller bags of heroin taken from the defendant’s pants pocket were “New York Half-quarter[s] ” with a street value of about $40 each. This witness also expressed the opinion that the packaging of the drugs was as consistent with purchase as it was with distribution.

Assuming that it could be inferred that the defendant had just made a sale of eight bags of heroin and was waiting for the purchaser to count out and hand over the money, it was at least equally inferable that the defendant had just purchased the heroin for himself and was waiting for the seller to confirm correct payment. See Commonwealth v. Senati, 3 Mass. App. Ct. 304, 305-306 (1975). The Commonwealth’s expert witness offered no evidence about the use of heroin from which it could be inferred that the amount of drugs seized from the defendant was more consistent with distribution than with personal use. No money or other items consistent with drug sales were found on the defendant, contrast Commonwealth v. Davis, 376 Mass. 777, 779 (1978); there was nothing about the packaging, size or value of any of the bags to indicate that sales were intended, contrast Commonwealth v. Scala, 380 Mass. 500, 511 (1980); no contact between the defendant and any known drug users was observed, contrast Commonwealth v. Cooke, 3 Mass. App. Ct. 708 (1975); there was no evidence that the defendant was not a user of drugs, contrast Commonwealth v. Nichols, 4 Mass. App. Ct. 606, 614 (1976); and there was nothing to show that the defendant’s drugs were part of a larger “stash”, contrast Commonwealth v. Brown, 12 Mass. App. Ct. 988 (1981). Compare Commonwealth v. Wooden, 13 Mass. App. Ct. 417, 418-419, 422-423[*999] (1982). Nor do we think that support for an intent to distribute heroin may be gleaned from the possession of the amount of cocaine which the jury found insufficient to support an intent to distribute cocaine. See and compare Commonwealth v. Ellis, 356 Mass. 574, 575-576, 579 (1970). Cases which have sustained a finding of intent to distribute based on quantity alone have relied on amounts far greater than the amounts here. See, e.g., Commonwealth v. Gill, 2 Mass. App. Ct. 653, 656 (1974) (“a ‘hundred some-odd’ bags of heroin”); Commonwealth v. Baltrop, 2 Mass. App. Ct. 819, 820 (1974) (375 bags of heroin). And where the amounts are relatively small, and consistent with personal use, we have ruled in the absence of evidence such as that previously described, that the element of intent to distribute has not been proved. See, e.g., Commonwealth v. Senati, supra at 306 (five bags of heroin); Commonwealth v. Wooden, supra at 423-424 (twelve packets of drugs worth $660). We conclude that “ [i]n choosing among the possible inferences from the evidence presented, a jury necessarily would have had to employ conjecture.” Commonwealth v. Croft, 345 Mass. 143, 145 (1962). The motion for a required finding of not guilty on the greater offense should have been allowed. In view of our holding, the other issue argued need not be reached.

Daniel E. Callahan (Stephanie Page with him) for the defendant. Robert W. Nelson, Jr., Assistant District Attorney, for the Commonwealth.

The judgment on indictment No. 034144 is reversed, and the matter remanded to the Superior Court where a finding of not guilty is to enter on so much of that indictment as charges the defendant with intent to distribute heroin. The defendant is then to be resentenced on the finding against him on the lesser offense of possession of heroin. G. L. c. 278, § 12.

So ordered.