COMMONWEALTH v. ZDANOWICZ


12 Mass. App. Ct. 231 (1981)

422 N.E.2d 1376

COMMONWEALTH vs. MICHAEL ZDANOWICZ.

Appeals Court of Massachusetts, Essex.

July 8, 1981.


Attorney(s) appearing for the Case

Nancy B. Salafia, Assistant District Attorney, for the Commonwealth.

Esther M. Stevens for the defendant.

Present: HALE, C.J., GRANT, & BROWN, JJ.


HALE, C.J.

This is an appeal by the Commonwealth under Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 (1979), from the allowance of the defendant's motion to suppress evidence against him on a charge of possession of undersized (short) lobsters in violation of G.L.c. 130, § 44. We reverse.

The only testimony presented to the court at the hearing on the motion to suppress was that given by the arresting officer, a natural resources officer employed by the Department...

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