Commonwealth v. Lanoue

The defendants were tried on indictments charging each with possession of burglarious tools. G. L. c. 266, § 49. The judge, in a jury waived trial, found them guilty. The cases are here by appeals under the provisions of G. L. c. 278, §§ 33A-33G.

Although each of the defendants filed nine assignments of error, they each have waived six of them. The remaining assignments relate to the trial judge’s refusal to suppress certain evidence regarding items allegedly seized in violation of the defendants’ constitutional rights.

We summarize pertinent portions of the evidence. On March 6, 1968, between…