Commonwealth v. Monosson

The defendant was named in two indictments : (1) for possessing a narcotic drug with intent unlawfully to sell, Gr. L. c. 94, § 198 (as appearing in St. 1957, c. 660, § 1), (2) for unlawful possession of a narcotic drug. Gr. L. c. 94, § 205 (as appearing in St. 1958, c. 95, § 1). The eases are here on an interlocutory report by a judge of the Superior Court who denied the defendant’s motion to suppress. Gr. L. c. 278, § 30A, inserted by St. 1954, c. 528. Three questions are reported. “A. May this Court give consideration to the sworn testimony presented to the magistrate, in addition to the…