Commonwealth v. Miller

The defendant appeals from his convictions, after a jury trial in the Superior Court, of trafficking in cocaine (G. L. c. 94C, § 32E[b][1], as appearing in St. 1980, c. 436, § 4) and setting up and promoting a lottery (G. L. c. 271, § 7). 1. There was no error in the denial of the motion to suppress. The affidavit in support of the application for the search warrant, which was filed in the District Court, bore the signature and oath of the affiant. See G. L. c. 276, § 2B. The mere fact that a copy of the affidavit, given to defendant’s counsel by the prosecutor following a pretrial…