Massachusetts Appeals Court, 1976

Commonwealth v. Politano

Commonwealth v. Politano
Massachusetts Appeals Court · Decided April 28, 1976
4 Mass. App. Ct. 805; 346 N.E.2d 140; 1976 Mass. App. LEXIS 592

Commonwealth v. Politano

Opinion of the Court

The defendant appeals from his conviction for illegal distribution of a Class B controlled substance. His substitute bill of exceptions reveals no error in the denial of his motion to dismiss the indictment for failure of the Commonwealth to respond to an order to disclose the identity of “an informant” where the trial judge, at a pretrial hearing, found as a fact that the Commonwealth did not know the informant’s identity. Contrast Commonwealth v. Ennis, 1 Mass. App. Ct. 499, 502-503 (1973); Roviaro v. United States, 353 U. S. 53, 56-58 (1957).

Exceptions overruled.

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