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COMMONWEALTH v. GIANNINO

371 Mass. 700 (1977)

358 N.E.2d 1008

COMMONWEALTH vs. ANDREW GIANNINO.

Supreme Judicial Court of Massachusetts, Worcester.

January 7, 1977.

Attorney(s) appearing for the Case

Patrick A. Fox for the defendant.

Joseph J. Brennan, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

LIACOS, J.

The defendant was complained of in the Central District Court of Worcester on a charge of use of a motor vehicle without the authority of the owner, with knowledge that such use was unauthorized in violation of G.L.c. 90, § 24. After being found guilty in that court he appealed to the six-member jury session of the same court. In a pre-trial motion heard in that session he asked that the charge against him be dismissed on the basis that in

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