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COMMONWEALTH v. McCAULEY

11 Mass. App. Ct. 780 (1981)

419 N.E.2d 1072

COMMONWEALTH vs. LAWRENCE McCAULEY.

Appeals Court of Massachusetts, Middlesex.

May 6, 1981.

Attorney(s) appearing for the Case

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

Wayne A. Perkins for the defendant.

Present: GRANT, CUTTER, & GREANEY, JJ.

CUTTER, J.

McCauley was found guilty in a District Court on July 1, 1980, of unlawfully carrying on his person a .22 caliber semi-automatic pistol. G.L.c. 269, § 10(a). He appealed for a jury trial de novo. He also filed a motion to suppress the gun which was taken from him, asserting that the search of his person when the gun was discovered was without his consent. The Commonwealth did not contend that the gun was in plain view. The judge found the following...

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