COMMONWEALTH v. MORSE


12 Mass. App. Ct. 426 (1981)

425 N.E.2d 769

COMMONWEALTH vs. LEO C. MORSE.

Appeals Court of Massachusetts, Worcester.

September 15, 1981.


Attorney(s) appearing for the Case

Jane Larmon White for the defendant.

William E. Loughlin, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, ROSE, & KASS, JJ.


ROSE, J.

The defendant was convicted on May 31, 1978, by a jury of carrying on his person or under his control in a motor vehicle a firearm in violation of G.L.c. 269, § 10(a). The only issue on appeal is the propriety of an amendment made before trial in the District Court to the complaint as originally sworn and signed by the complainant.

On May 1, 1978, the day of the District Court trial, the Commonwealth moved to amend the complaint, as sworn...

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