COMMONWEALTH v. BUTYNSKI


339 Mass. 151 (1959)

158 N.E.2d 310

COMMONWEALTH vs. JOSEPH J. BUTYNSKI.

Supreme Judicial Court of Massachusetts, Franklin.

May 4, 1959.


Attorney(s) appearing for the Case

Manuel Katz, (Douglas E. O'Neil with him,) for the defendant.

Sanford Keedy, District Attorney, & Oscar Grife, Assistant District Attorney, for the Commonwealth, submitted a brief.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

The defendant was charged by complaint with being concerned on January 7, 1957, with setting up and promoting a lottery for money in violation of G.L.c. 271, § 7. He was found guilty in the District Court. After trial on appeal in the Superior Court, the jury returned a verdict of guilty. The only exceptions argued were those based upon the admission of certain testimony.

1. The Commonwealth, subject to the defendant's exception, was permitted...

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