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COMMONWEALTH v. FRATE

405 Mass. 52 (1989)

537 N.E.2d 1235

COMMONWEALTH vs. JOSEPH FRATE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 1989.

Attorney(s) appearing for the Case

Thomas P. Collins for the defendant.

Deborah E. Breen, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

The defendant has appealed from his convictions of violating G.L.c. 271, § 5A (count 1) (possession or use of a gambling device) and § 7 (count 3) (setting up and promoting a lottery). We reverse his conviction under § 5A and affirm his conviction under § 7.

The defendant developed a machine which he called "Compupic"1 and installed it at the American Legion...

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