COMMONWEALTH v. ALBANO


373 Mass. 132 (1977)

365 N.E.2d 808

COMMONWEALTH vs. ERNEST M. ALBANO.

Supreme Judicial Court of Massachusetts, Middlesex.

July 25, 1977.


Attorney(s) appearing for the Case

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

Herbert D. Lewis for the defendant.

Garrett H. Byrne, District Attorney for the Suffolk district, amicus curiae, Alvan Brody, Assistant District Attorney, & James E. Caffrey, Special Assistant District Attorney, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.


ABRAMS, J.

Ernest M. Albano was tried in the Superior Court on the charge of carrying a firearm under his control in a vehicle in violation of G.L.c. 269, § 10 (a). A motion for a directed verdict was denied, his case submitted to the jury, and a guilty verdict returned. A mandatory one-year sentence was imposed on the defendant. Albano's amended bill of exceptions was allowed by the court, and, on October 21...

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