COMMONWEALTH v. McCOLLINS


23 Mass. App. Ct. 436 (1987)

503 N.E.2d 55

COMMONWEALTH vs. TIMOTHY McCOLLINS.

Appeals Court of Massachusetts, Suffolk.

January 27, 1987.


Attorney(s) appearing for the Case

Randolph Gioia for the defendant.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

John W. Bishop, Jr., Special Assistant Attorney General, & Maryanne Conway, for Department of Correction, amicus curiae, submitted a brief.

Michael J. Traft, for Massachusetts Sheriffs Association, amicus curiae, submitted a brief.

Present: GRANT, BROWN, & KASS, JJ.


GRANT, J.

The defendant has appealed from his conviction of unlawful possession of marihuana after trial by a judge sitting without jury in the jury-of-six session of the Boston Municipal Court. The marihuana was discovered by a correctional officer in the course of a random shakedown search of two dormitories at the Suffolk County (Deer Island) house of correction, where the defendant was a prisoner. The only question...

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