2 Mass. App. Ct. 810 | Mass. App. Ct. | 1974
The defendant was convicted in the Superior Court on a complaint for maintaining a dwelling for the purpose of illegal possession of heroin with intent to sell. G. L. c. 94, §§ 209, 217E, both subsequently repealed by St. 1971, c. 1071, § 2. See St. 1972, c. 2. Commonwealth v. Yee, 361 Mass. 533 (1972). The defendant’s bill of exceptions (G. L. c. 278, § 31) brings before this court certain questions of law relating to: (1) the denial of parts of the defendant’s motion to suppress; (2) the admission of evidence of allegedly unconnected offenses; and (3) the denial of the defendant’s motion for a directed verdict. There was no reversible error. Assuming without deciding that the defendant may attack the allegations of an affidavit supporting a search warrant (see Rugendorf v. United States, 376 U. S. 528, 531-532 [1964]), and that a deliberate misrepresentation made in such an affidavit would render a search warrant invalid (see Commonwealth v. Perez, 357 Mass. 290, 301 [1970]; Commonwealth v. Murray, 359 Mass. 541, 547-548 [1971]), there is nothing in the defendant’s bill of exceptions which would warrant our holding that the trial judge was clearly in error in finding that there was no deliberate misrepresentation in the affidavit. Commonwealth v.
Exceptions overruled.