Commonwealth v. Grasso

The defendant was convicted of carrying a shotgun under his control in a vehicle, in violation of G. L. c. 269, § 10 (a), and of having the shotgun in his possession, in violation of G. L. c. 269, § 10 (h). He appealed to the Appeals Court, and we transferred the case here on our own motion. The only question argued is whether there was a fatal variance between the complaints and the proof. We hold that there was not, and affirm the convictions. Although the violation of § 10 (h) was in the circumstances included in the violation of § 10 (a), the sentences were concurrent. Hence, we hold, the…