Commonwealth v. Buckley

Buckley was indicted for being present where a narcotic drug was illegally kept and deposited. The de fendant moved for dismissal of the indictment “because the charge is unconstitutionally vague and indefinite, and because it inflicts cruel and unusual punishment.” This motion and a motion for a directed verdict of not guilty were denied. The case is before us only on exceptions to these denials.

On December 14, 1966, Lawrence MacNamara, a Boston police officer serving in the narcotics division, went with other officers to an apartment at 35 Revere Street with a search warrant. Jimmy Boyer…