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COMMONWEALTH v. COLELLA

360 Mass. 144 (1971)

273 N.E.2d 874

COMMONWEALTH vs. JOHN F. COLELLA.

Supreme Judicial Court of Massachusetts, Suffolk.

October 5, 1971.

Attorney(s) appearing for the Case

Edward W. Kirk, Deputy Assistant Attorney General, for the Commonwealth.

David Berman (Victor J. Garo with him) for the defendant.

Present: CUTTER, REARDON, BRAUCHER, & HENNESSEY, JJ.

CUTTER, J.

Colella is charged under G.L.c. 266, § 60, with receiving stolen property and, under G.L.c. 130, § 31, with using, injuring, and molesting certain lobster pots. This is an interlocutory appeal by the Commonwealth under G.L.c. 278, § 28E (inserted by St. 1967, c. 898, § 1) from the allowance by a Superior Court judge of a motion to suppress evidence consisting of lobster pots allegedly misappropriated...

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