Commonwealth v. Harvard

The defendant was convicted by a jury on two indictments charging him with being present at a place where he knew narcotic drugs (marihuana and heroin) were illegally kept or deposited. G. L. c. 94, § 213A. The judge sentenced him to the Massachusetts Correctional Institution at Concord for an indeterminate term. On this appeal we have before us a summary of the record, a transcript of the evidence and several assignments of error. G. L. c. 278, §§ 33A-33G.

The defendant argues that the judge erred in failing to grant a continuance and in denying his motion to vacate and revise a previously…