Commonwealth v. Soule

The defendant was indicted for and convicted, in a jury trial, of assault and battery by means of a dangerous weapon, unlawfully carrying a firearm, and unlawful conspiracy to violate the Controlled Substances Act. G. L. c. 94C. He appeals pursuant to G. L. c. 278, §§ 33A-33G. 1. The defendant moved to dismiss the indictment charging him with conspiracy to violate the provisions of G. L. c. 94C, on the ground that the indictment failed to charge him with a substantive crime. This motion was properly denied. The indictment, together with the bill of particulars filed by the Commonwealth…