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COMMONWEALTH v. BATTLE

1 Mass. App. Ct. 579 (1973)

304 N.E.2d 202

COMMONWEALTH vs. JOHN H. BATTLE.

Appeals Court of Massachusetts, Suffolk.

December 4, 1973.

Attorney(s) appearing for the Case

Howard Maury Rochestie of Washington, D.C. (Francis John Stolarz with him) for the defendant.

Richard E. Rafferty, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

GRANT, J.

The defendant has been convicted by a jury on separate indictments charging him with unlawful possession with intent to distribute (1) heroin and (2) a derivative of barbituric acid. The assignments of error (G.L.c. 278, § 33D) are addressed to the trial judge's refusal to strike certain testimony and to suppress certain items of physical evidence obtained in the circumstances hereinafter described...

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