COMMONWEALTH v. KANE


362 Mass. 656 (1972)

290 N.E.2d 164

COMMONWEALTH vs. ROBERT KANE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 1, 1972.


Attorney(s) appearing for the Case

Henry D. Katz for the defendant.

Robert Snider, Assistant District Attorney (Timothy J. Spillane, Jr., Assistant District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, & HENNESSEY, JJ.


HENNESSEY, J.

Kane is charged, in two indictments, with possession of LSD, and possession of LSD with intent to sell it. After hearing, a pre-trial motion to suppress from evidence a quantity of LSD was denied by a Superior Court judge. A justice of this court allowed the defendant's application for an interlocutory appeal from the Superior Court judge's ruling. G.L.c. 278, § 28E.

We summarize the facts as found by the Superior Court judge. On May 22...

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