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Commonwealth v. Buckley
Massachusetts Supreme Judicial Court
238 N.E.2d 335 (1968)
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
Holding and Reasoning (Cutter, J.)
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