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COMMONWEALTH v. COLELLA

2 Mass. App. Ct. 706 (1974)

319 N.E.2d 923

COMMONWEALTH vs. JOHN F. COLELLA.

Appeals Court of Massachusetts, Middlesex.

December 12, 1974.

Attorney(s) appearing for the Case

David Berman for the defendant.

Bernard Manning, Assistant Attorney General, for the Commonwealth.

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

GOODMAN, J.

The defendant, indicted for receiving stolen property1, appeals his conviction under G.L.c. 278, §§ 33A-33G. The Commonwealth had previously appealed (G.L.c. 278, § 28E) from an order by the Superior Court, after a pre-trial hearing, suppressing evidence seized by natural resource officers and consisting of the lobster pots allegedly stolen. The Supreme Judicial Court "on the facts shown on this record" reversed...

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