Cowin, J. The defendant, Thomas J. O’Day, III, was found guilty of possession of an infernal machine in violation of G. L. c. 266, § 102A. 1 He appealed from the denial of his motion to suppress evidence seized in his residence and his motion to dismiss the indictment charging possession of a grenade simulator that was destroyed by the Commonwealth prior to trial. The Appeals Court concluded that the…
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