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COMMONWEALTH v. BACON

374 Mass. 358 (1978)

372 N.E.2d 780

COMMONWEALTH vs. PAUL B. BACON.

Supreme Judicial Court of Massachusetts, Suffolk.

February 14, 1978.

Attorney(s) appearing for the Case

Robert W. Snyder for the defendant.

Robert Ziemian, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, C.J.

This case raises the issue whether scienter must be alleged in complaints or indictments charging unlawful possession of firearms by persons not licensed therefor. Two indictments were returned against the defendant. One charged that he "not having permission under Sections 131 or 131-F" of G.L.c. 140, "did unlawfully carry on his person a certain firearm, to wit: a handgun, from which a bullet could be discharged...

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