COMMONWEALTH v. FRONGILLO


359 Mass. 132 (1971)

268 N.E.2d 341

COMMONWEALTH vs. GERALD FRONGILLO.

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 1971.


Attorney(s) appearing for the Case

Alexander Whiteside, II, (Reuben Goodman with him) for the defendant.

Thomas J. Mundy, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., SPALDING, CUTTER, SPIEGEL, & BRAUCHER, JJ.


TAURO, C.J.

The defendant appeals under the provisions of G.L.c. 278, §§ 33A-33G, from convictions for unlawful possession of heroin and unlawful possession of a hypodermic needle and syringe. The trial judge directed a verdict of not guilty on a complaint charging the defendant with carrying a dangerous weapon.

The pertinent evidence is summarized: On July 3, 1969, Sergeant Delaney of the Massachusetts State police secured a search warrant for an...

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