COMMONWEALTH v. BALLOU


350 Mass. 751 (1966)

217 N.E.2d 187

COMMONWEALTH vs. THOMAS J. BALLOU, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1966.


Attorney(s) appearing for the Case

F. Lee Bailey for the defendant.

John F. McAuliffe, Assistant District Attorney (James F. Sullivan, Legal Assistant to the District Attorney, with him), for the Commonwealth.

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


WILKINS, C.J.

The defendant was convicted by a judge sitting without jury on an indictment charging him with unlawfully carrying "on his person a certain firearm, to wit: a revolver...." G.L.c. 269, § 10, as amended. The judge stayed proceedings and has reported three questions of law to this court. G.L. (Ter. Ed.) c. 278, § 30.

The first question is, "did the allowance of the defendant's motion to suppress...

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