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COMMONWEALTH v. GALLANT

381 Mass. 465 (1980)

410 N.E.2d 704

COMMONWEALTH vs. KENNETH GALLANT (and seven companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 1980.

Attorney(s) appearing for the Case

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Lawrence J. McGuire for Neil E. Searles.

John J. Jennings for Kenneth Gallant.

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

WILKINS, J.

A single justice of this court granted the Commonwealth's application for leave to appeal interlocutory orders suppressing certain evidence. See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884 (1979). He then reported the case to the full bench. We affirm the order as to the defendant Gallant and reverse the order as to the defendant Searles.

On January 12, 1979, an Essex County grand jury indicted the defendant...

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