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COMMONWEALTH v. MARTINO

361 Mass. 720 (1972)

282 N.E.2d 647

COMMONWEALTH vs. DAVID P. MARTINO, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1972.

Attorney(s) appearing for the Case

Robert V. Greco (Reuben Goodman with him) for the defendant.

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

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

SPIEGEL, J.

The defendant was tried together with one Murray and convicted in the Superior Court on two indictments charging him with the unlawful sale of heroin, and possession of heroin "with intent unlawfully to sell the said heroin." He appeals under the provisions of G.L.c. 278, §§ 33A-33G.

The defendant contends that the trial judge erred: (1) in allowing the prosecution to call two witnesses (one

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