We adopt the analysis and conclusion in the well constructed opinion of the Appeals Court. 20 Mass. App. Ct. 541 (1985). We decline to modify the quantitative role at this time because this case is not an appropriate vehicle for such modification.

The judgment of the Superior Court on indictment no. 039591 is reversed, the verdict is set aside, and judgment is to be entered for the defendant. The judgment of the Superior Court is affirmed on indictment no. 039590.

So ordered.