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COMMONWEALTH v. MANNING

5 Mass. App. Ct. 25 (1977)

359 N.E.2d 51

COMMONWEALTH vs. KEVIN MICHAEL MANNING.

Appeals Court of Massachusetts, Middlesex.

January 19, 1977.

Attorney(s) appearing for the Case

Thomas G. Shapiro (Ann Lambert Greenblatt with him) for the defendant.

James W. Sahakian, Special Assistant District Attorney, for the Commonwealth.

John Reinstein § Jeanne Baker for The Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

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

HALE, C.J.

After a preliminary proceeding before one Superior Court judge and a trial before another, the defendant was convicted on both counts of a two-count indictment for distributing a Class B controlled substance (cocaine) in violation of G.L.c. 94C, § 32. He has appealed under G.L.c. 278, §§ 33A-33G. He assigns as error (1) the denial of his motion to dismiss the indictment and (2) the exclusion...

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