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COMMONWEALTH v. NESS

355 Mass. 257 (1969)

244 N.E.2d 280

COMMONWEALTH vs. MITHAS A. NESS (and five companion cases).

Supreme Judicial Court of Massachusetts, Bristol.

January 30, 1969.

Attorney(s) appearing for the Case

Joseph C. Duggan for the defendants Ness & others (John D. Sheehan, for the defendant Sylvia, with him).

Armand Fernandes, Jr., Assistant District Attorney, for the Commonwealth.

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

WHITTEMORE, J.

This is a report under G.L.c. 278, § 30A, by a judge of the Superior Court of a question of law arising on motions to dismiss indictments charging the defendants with gaming offenses. The ground of each motion was that the search warrants by virtue of which searches were made of certain premises, leading to the arrest of the defendants, failed to comply with G.L.c. 276, § 3A, as amended through St...

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