COMMONWEALTH v. COLTON


333 Mass. 607 (1956)

132 N.E.2d 398

COMMONWEALTH vs. THOMAS COLTON.

Supreme Judicial Court of Massachusetts, Suffolk.

February 29, 1956.


Attorney(s) appearing for the Case

Francis J. Monahan, for the defendant.

George E. McGunigle, Assistant District Attorney, for the Commonwealth.

Present: QUA, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The defendant was indicted for possession, without permission, on January 9, 1953, of a machine gun as defined in G.L. (Ter. Ed.) c. 140, § 121. At the close of the trial, had without a jury, the judge denied the defendant's motion for a finding of not guilty, and the defendant duly excepted. There was no error. We do not agree with the defendant's contention that the gun in question was not a machine gun because there was no clip or magazine with...

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