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COMMONWEALTH v. DION

No. 90-P-1484.

31 Mass. App. Ct. 168 (1991)

575 N.E.2d 759

COMMONWEALTH vs. MARSHALL DION.

Appeals Court of Massachusetts, Suffolk.

August 5, 1991.

Attorney(s) appearing for the Case

Conrad J. Bletzer, Jr., for the defendant.

John F. Coffey, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., GILLERMAN, & IRELAND, JJ.

WARNER, C.J.

On May 24, 1988, an automobile search pursuant to a warrant resulted in the seizure of over one hundred pounds of marihuana. This led to the defendant's indictment and subsequent conviction in a jury-waived trial in the Superior Court for trafficking in marihuana. G.L.c. 94C, § 32E. Alleging that the affidavit supporting the search warrant contained misrepresentations, the defendant filed a pretrial motion for an evidentiary hearing to challenge...

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