Legal Opinion

Commonwealth v. Smith

Massachusetts Supreme Judicial Court

Decided May 24, 1976PublishedCited by 77 opinions

1Opinion of the CourtHennessey, C.J.

The defendant was indicted for possession of a class A controlled substance (heroin), see G. L. c. 94C, § 31, with intent to distribute. He was convicted of the lesser included ofíense of possession of a class A controlled substance after a jury waived trial in the Superior Court. He received a sentence of imprisonment for one year in a house of correction, the execution of which was stayed pending this appeal. We conclude that there was no error.

The basis of the defendant’s appeal is the denial of his motion to suppress the heroin found on his person by a police officer executing a search…

2Cases cited50 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Adams v. WilliamsSupreme Court of the United States · 1972

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3Cited by77 opinions

  1. Baker v. Monroe TownshipCourt of Appeals for the Third Circuit · 1995
  2. Commonwealth v. JimenezMassachusetts Supreme Judicial Court · 2002
  3. Owens ex rel. Owens v. LottCourt of Appeals for the Fourth Circuit · 2004
  4. Karen Burns v. David LorangerCourt of Appeals for the First Circuit · 1990
  5. Commonwealth v. DonahueMassachusetts Supreme Judicial Court · 2000

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