Commonwealth v. Flaherty

The defendants appeal under G. L. c. 278, §§ 33A-33G, from their several convictions at a trial without jury of (1) unlawful possession of a narcotic drug, G. L. c. 94, § 205; (2) being present where a narcotic drug is illegally kept or deposited, G. L. c. 94, § 213A; and (3) growing a narcotic drug, G. L. c. 94, § 198A. Police searched a second floor apartment in the town of Sunderland pursuant to a valid search warrant and found quantities of marihuana in two of the four bedrooms in the apartment and nine lumps of green hashish in the pocket of an unidentified jacket hanging over a chair in…