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COMMONWEALTH v. SUMERLIN

393 Mass. 127 (1984)

469 N.E.2d 826

COMMONWEALTH vs. SANDY SUMERLIN.

Supreme Judicial Court of Massachusetts, Suffolk.

October 10, 1984.

Attorney(s) appearing for the Case

Michael J. Traft, Assistant District Attorney (James M. Larkin, Assistant District Attorney, with him) for the Commonwealth.

Richard A. Cutter for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

The defendant was indicted by a grand jury for unlawfully carrying a pistol on his person. G.L.c. 140, §§ 129C, 131, 131F, 131G. After a hearing, a judge of the Superior Court allowed the defendant's motion to suppress as evidence the pistol seized by police. A single justice of this court allowed the Commonwealth's application for leave to take an interlocutory appeal and transferred the case to the...

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