COMMONWEALTH v. CARTER


442 Mass. 822 (2004)

COMMONWEALTH v. GREGORY W. CARTER.

Supreme Court of Massachusetts, Plymouth.

November 19, 2004.


Attorney(s) appearing for the Case

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


IRELAND, J.

A Superior Court jury convicted the defendant, Gregory W. Carter, of possession of an infernal machine (G. L. c. 266, § 102A) and unlawfully cultivating marijuana (G. L. c. 94C, § 32C). The defendant appeals only from his conviction of possession of an infernal machine, claiming that the trial judge erred in denying his motion for a required finding of not guilty because the Commonwealth failed to show that he possessed a constructed infernal...

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