COMMONWEALTH v. McCLEERY


345 Mass. 151 (1962)

186 N.E.2d 469

COMMONWEALTH vs. MICHAEL C. McCLEERY.

Supreme Judicial Court of Massachusetts, Worcester.

November 29, 1962.


Attorney(s) appearing for the Case

Lawrence S. O'Connor, Assistant District Attorney, for the Commonwealth.

Daniel F. Featherston, Jr., for the defendant.

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


WILKINS, C.J.

A judge found the defendant guilty of the crime of possessing a narcotic drug in violation of G.L.c. 94, § 205 (as amended through St. 1958, c. 95, § 1), and, being of opinion that the conviction raised questions of law which are doubtful and important, did not impose sentence, but reported the case to this court with the consent of the defendant and the Commonwealth. G.L. (Ter. Ed.) c. 278, § 30.

Prior to trial the defendant filed...

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