Commonwealth v. Marlborough

A jury of six convicted the defendant of unlawful carrying of a firearm (G.L. c. 269, § 10[a]). His appeal is from a denial of a motion to suppress evidence (the firearm) obtained in a warrantless search of the defendant’s car. See Commonwealth v. Antobenedetto, 366 Mass. 51, 53-58 (1974).

In explanation of his denial of the motion to suppress, a District Court judge made findings which included the following: Lisa Toscano reported to the Worcester police department that a former boyfriend, Robert Marlborough (the defendant), had fired a shot through the window of her home and had driven off…