COMMONWEALTH v. GAGNON


387 Mass. 567 (1982)

441 N.E.2d 753

COMMONWEALTH vs. NORMAN GAGNON (and two companion cases).

Supreme Judicial Court of Massachusetts, Essex.

November 4, 1982.


Attorney(s) appearing for the Case

Jerome A. Segal for the defendant Philip C. Chouinard (Bruce Miller for the defendant Norman Gagnon, with him).

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

The single issue in this case is the constitutionality of G.L.c. 94C, § 32 (a). We hold that it is unconstitutional.

In February and March, 1981, an Essex County grand jury returned two indictments against Norman Gagnon and one against Philip C. Chouinard for the unlawful distribution of heroin in violation of § 32 (a) of G.L.c. 94C, the Controlled Substances Act. In May, 1981, the...

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