COMMONWEALTH v. LaBRIOLA


370 Mass. 366 (1976)

348 N.E.2d 758

COMMONWEALTH vs. JOSEPH F. LaBRIOLA.

Supreme Judicial Court of Massachusetts, Norfolk.

June 2, 1976.


Attorney(s) appearing for the Case

Malvine Nathanson for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

The defendant appeals from his conviction of murder in the first degree and from the denial of his motion for a new trial. We uphold the rulings of the judge. As to the suppression of money found in the defendant's briefcase, we hold that (1) the judge was warranted in finding that the defendant voluntarily consented to the opening of the briefcase, (2) in the circumstances, the police were justified in taking an inventory of its contents, and (3) any...

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