COMMONWEALTH v. TIRELLA


356 Mass. 271 (1969)

249 N.E.2d 573

COMMONWEALTH vs. JOHN A. TIRELLA.

Supreme Judicial Court of Massachusetts, Suffolk.

June 25, 1969.


Attorney(s) appearing for the Case

Ronald J. Chisholm (Gerard F. Schaefer with him) for the defendant.

William J. Doyle, Assistant District Attorney (James J. Gillis, Jr., Legal Assistant to the District Attorney, with him), for the Commonwealth.

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


CUTTER, J.

Tirella was convicted under a complaint charging him with being in the company of Michael J. Barry, knowing that Barry was illegally in the possession of heroin. The case was tried under G.L.c. 278, §§ 33A-33G. Tirella appealed. He presses only two assignments of error, viz. that the judge erred in denying (1) his motion to dismiss, and (2) his motion for a directed verdict.

The charge arose...

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