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From our private database of 26,800+ case briefs...

Commonwealth v. Buckley

Massachusetts Supreme Judicial Court

238 N.E.2d 335 (1968)

Facts

Boston police officer Lawrence MacNamara went to an apartment with a search warrant. The tenant of the apartment opened the door, and MacNamara entered and then went into the kitchen. Buckley (defendant) was seated at the kitchen table upon which was a brown envelope containing marijuana and a half-smoked marijuana cigarette. Buckley stated he had arrived just a few minutes before the officer. Buckley was placed under arrest and indicted for being present where a narcotic drug was illegally kept and deposited. Buckley moved to dismiss the indictment because the charge was unconstitutionally vague and indefinite.

Rule of Law

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Issue

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Holding and Reasoning (Cutter, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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