COMMONWEALTH v. LAWTON


348 Mass. 129 (1964)

202 N.E.2d 824

COMMONWEALTH vs. JOHN D. LAWTON (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

December 1, 1964.


Attorney(s) appearing for the Case

Ronald J. Chisholm (Usher A. Moren with him) for the defendant.

Donald L. Conn, Assistant District Attorney (Ruth I. Abrams, Assistant District Attorney, with him), for the Commonwealth.

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


WILKINS, C.J.

These two indictments, respectively for breaking and entering in the nighttime and for possession of burglarious implements (G.L.c. 266, §§ 15, 49), were tried before a judge sitting without jury. At the trial, which was made subject to G.L.c. 278, §§ 33A-33G, as amended, the defendant was convicted of both crimes, and has appealed. The errors assigned and argued are (1) to the denial of a motion to suppress evidence made before trial...

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