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COMMONWEALTH v. MANNING

373 Mass. 438 (1977)

367 N.E.2d 635

COMMONWEALTH vs. KEVIN MICHAEL MANNING.

Supreme Judicial Court of Massachusetts, Middlesex.

September 26, 1977.

Attorney(s) appearing for the Case

Thomas G. Shapiro for the defendant.

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

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

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

HENNESSEY, C.J.

The defendant, Kevin Michael Manning (Manning), was found guilty by a Superior Court judge in a jury waived trial 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 was sentenced on count 1 to one year in a house of correction, sentence suspended for two years, and was placed on probation for two years; on count 2, he...

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