COMMONWEALTH v. PUBLICOVER


327 Mass. 303 (1951)

98 N.E.2d 633

COMMONWEALTH vs. ALBERT F. PUBLICOVER.

Supreme Judicial Court of Massachusetts, Middlesex.

May 1, 1951.


Attorney(s) appearing for the Case

S.H. Cohen, (P.T. Corwin with him,) for the defendant.

E. Martin, Assistant District Attorney, (L.C. Sprague, Assistant District Attorney, with him,) for the Commonwealth.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


WILKINS, J.

The defendant has been found guilty upon an indictment for eavesdropping, has been sentenced, and has paid a fine. His exceptions, to the denial of a request for instructions and to the denial of his motion for a directed verdict, raise the one question of the constitutionality of G.L. (Ter. Ed.) c. 272, § 99, which reads: "Whoever, except when authorized by written permission of the attorney general of the commonwealth, or of the district attorney...

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