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COMMONWEALTH v. MURPHY

342 Mass. 393 (1961)

173 N.E.2d 630

COMMONWEALTH vs. FRANCIS M. MURPHY.

Supreme Judicial Court of Massachusetts, Essex.

April 5, 1961.

Attorney(s) appearing for the Case

Avram G. Hammer, (Joseph Sax with him,) for the defendant.

Howard J. Camuso, Assistant District Attorney, (John P.S. Burke, District Attorney, with him,) for the Commonwealth.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

The defendant on appeal from the District Court was found guilty by a judge in the Superior Court under a complaint which charged that on September 8, 1959, the defendant "was found in a place to wit: a room with apparatus, books and devices for registering bets upon the result of a contest of speed of beasts, to wit: horses...." These are the defendant's exceptions to the denial, before trial, of his motion to quash which averred "that the complaint...

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