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COMMONWEALTH v. LEE

331 Mass. 166 (1954)

117 N.E.2d 830

COMMONWEALTH vs. MARIE LEE.

Supreme Judicial Court of Massachusetts, Worcester.

March 1, 1954.

Attorney(s) appearing for the Case

George H. Yagjian, (Harry Zarrow with him,) for the defendant.

Walter E. Stuka, Assistant District Attorney, (A. Andre Gelinas, Assistant District Attorney, with him,) for the Commonwealth.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.

LUMMUS, J.

General Laws (Ter. Ed.) c. 94, § 211, as it appears in St. 1938, c. 321, § 1, makes it a crime for a person, not within certain specified classes in which the defendant does not contend that she is included, to be "found in possession" of a "narcotic drug" except "by reason of a physician's prescription lawfully and properly issued." On a complaint charging the commission of that crime on July 29, 1952...

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