COMMONWEALTH v. MURPHY


353 Mass. 433 (1968)

233 N.E.2d 5

COMMONWEALTH vs. DANIEL R. MURPHY.

Supreme Judicial Court of Massachusetts, Essex.

January 2, 1968.


Attorney(s) appearing for the Case

George Karelitz for the defendant.

Peter F. Brady, Assistant District Attorney, for the Commonwealth.

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


SPALDING, J.

A complaint charged the defendant with having in his possession 438 short lobsters in violation of G.L.c. 130, § 44, as amended by St. 1963, c. 300, § 2. Prior to a trial in the Superior Court the defendant made a motion to suppress the evidence, which consisted of lobsters seized in the defendant's garage by officers of the law. The motion was denied. The judge, being of opinion that three questions of law were involved which were "so important...

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