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COMMONWEALTH v. HONNEUS

390 Mass. 136 (1983)

453 N.E.2d 1053

COMMONWEALTH vs. GEOFFREY HONNEUS.

Supreme Judicial Court of Massachusetts, Nantucket.

September 13, 1983.

Attorney(s) appearing for the Case

Charles A. Morano, Assistant District Attorney, for the Commonwealth.

Kirk Y. Griffin for the defendant.

Present: HENNESSEY, C.J., NOLAN, LYNCH, & O'CONNOR, JJ.

NOLAN, J.

A judge in the Superior Court ruled that an affidavit in support of a search warrant did not establish probable cause to believe that the police would find controlled substances in the defendant's apartment. We affirm.

The defendant, indicted for possession of a class B controlled substance (cocaine) with intent to distribute,1 and possession of a class D controlled substance (marihuana),2

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