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COMMONWEALTH v. GRASSO

375 Mass. 138 (1978)

375 N.E.2d 708

COMMONWEALTH vs. JOSEPH GRASSO, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

May 1, 1978.

Attorney(s) appearing for the Case

Alfred Paul Farese for the defendant.

John Gibbons, Assistant District Attorney, for the Commonwealth.

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

BRAUCHER, J.

The defendant was convicted of carrying a shotgun under his control in a vehicle, in violation of G.L. c. 269, § 10 (a), and of having the shotgun in his possession, in violation of G.L.c. 269, § 10 (h). He appealed to the Appeals Court, and we transferred the case here on our own motion. The only question argued is whether there was a fatal variance between the complaints and the proof...

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