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COMMONWEALTH v. AVERY

365 Mass. 59 (1974)

309 N.E.2d 497

COMMONWEALTH vs. WILLIE J. AVERY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1974.

Attorney(s) appearing for the Case

David Rossman for the defendants.

Robert Snider, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, J.

The defendants were found guilty, after a trial without jury in the Superior Court, of possession of heroin with intent to sell. Their appeals are here under G.L.c. 278, §§ 33A-33G. Their assignments of error are based (1) on the denial by the Superior Court judge of their motions to suppress certain evidence which was seized from their persons and from an automobile, and (2) on the denial in the Superior Court of their motions to dismiss the...

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