Commonwealth v. Pope

Verdicts of guilty were returned against the defendant on two complaints. In one, the defendant was charged with setting up and promoting a lottery (G. L. c. 271, § 7); in the other, with using telephones for the purpose of accepting wagers and bets upon the lottery called the numbers game (G. L. c. 271, § 17A).

Before the trial commenced the defendant presented motions to suppress and motions to dismiss the complaints. The motions were denied, subject to the defendant’s exceptions. The question presented by the motions was whether certain evidence ought to have been suppressed on the ground…