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COMMONWEALTH v. HAWKES

362 Mass. 786 (1973)

291 N.E.2d 411

COMMONWEALTH vs. HUBERT W. HAWKES, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

January 10, 1973.

Attorney(s) appearing for the Case

Martin Kantrovitz for the defendant.

Richard E. Rafferty, Assistant District Attorney (Richard G. Pizzano, Assistant District Attorney, with him) for the Commonwealth.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.

REARDON, J.

The defendant was tried jury waived on indictments for the possession of a narcotic drug with intent to sell unlawfully, and for the unlawful possession of a narcotic drug. He was found guilty on each indictment, and was given a suspended sentence on one. The second was placed on file. The case, which was tried under the provisions of G.L.c. 278, §§ 33A-33G, inclusive, is here on an assignment of errors, three of which are argued. Error is alleged...

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