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COMMONWEALTH v. ERICKSON

14 Mass. App. Ct. 501 (1982)

440 N.E.2d 1190

COMMONWEALTH vs. MELVIN H. ERICKSON.

Appeals Court of Massachusetts, Worcester.

October 15, 1982.

Attorney(s) appearing for the Case

Maurice J. McCarthy for the defendant.

Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, CUTTER, & PERRETTA, JJ.

GREANEY, J.

The defendant has been convicted on complaints charging him under G.L.c. 94C, § 34, with unlawful possession of controlled substances (marijuana and amyl nitrite), and under G.L.c. 148, § 39, with unlawful possession of fireworks. He claims error in the denial of his pretrial motion to suppress evidence seized pursuant to a search warrant. We hold that the motion to suppress should have been allowed.

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