COMMONWEALTH v. SAMPSON


383 Mass. 750 (1981)

422 N.E.2d 450

COMMONWEALTH vs. MICHAEL JON SAMPSON.

Supreme Judicial Court of Massachusetts, Middlesex.

June 22, 1981.


Attorney(s) appearing for the Case

Milly Whatley for the defendant.

Pamela L. Hunt, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.


HENNESSEY, C.J.

The defendant, Michael Jon Sampson, appeals from his conviction under G.L.c. 269, § 10 (a), for carrying a firearm without a license. A single justice of the Appeals Court allowed Sampson's motion for a stay of execution of sentence, and we granted direct appellate review. We reverse the conviction.

The following evidence was presented at the jury waived trial in the Superior Court. While on duty on April 4, 1979, three Lowell police...

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