Commonwealth v. Manning

After a preliminary proceeding before one Superior Court judge and a trial before another, the de*26fendant was convicted on both counts of a two-count indictment for distributing a Class B controlled substance (cocaine) in violation of G. L. c. 94C, § 32. He has appealed under G. L. c. 278, §§ 33A-33G. He assigns as error (1) the denial of his motion to dismiss the indictment and (2) the exclusion of certain evidence at the hearing on the motion to dismiss. There was no error.

The pertinent facts found by the motion judge or appearing from the record are as follows.1 On August 8,1974, the…