Commonwealth v. Perry

Discussion. The defendant was carrying an “expandable baton”2 when he *1011was taken into custody and booked. Although an expandable baton is not among the weapons specifically listed in the first portion of G. L. c. 269, § 10 (b),3 see note 1, supra, the Commonwealth charged the defendant with carrying “a dangerous weapon, to wit: a BLACKJACK, not being authorized by law to do so, in violation of G. L. c. 269, § 10 (b).” Over the defendant’s objection at trial, a police detective compared the expandable baton to a blackjack, but conceded on both direct and cross-examination that the expandable…