COMMONWEALTH v. BATES

No. 87-426.

28 Mass. App. Ct. 217 (1990)

548 N.E.2d 889

COMMONWEALTH vs. JAMES H. BATES, JR.

Appeals Court of Massachusetts, Essex.

January 12, 1990.


Attorney(s) appearing for the Case

Susan B. Persky for the defendant.

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, CUTTER, & SMITH, JJ.


DREBEN, J.

This appeal presents the question whether there was an emergency justifying officers of the Newburyport police to enter a missing woman's apartment without a warrant. Upon entry they found the defendant lying intoxicated on a couch, his body covering a handgun and some ammunition. They also found another gun in a closet of a different room of the apartment. In his appeal from two convictions of unlawful possession of a firearm (one for each gun) and from...

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