Massachusetts Appeals Court May 6, 1981 (Commonwealth v. McCauley)

Cutter, J.

McCauley was found guilty in a District Court on July 1, 1980, of unlawfully carrying on his person a .22 caliber semi-automatic pistol. G. L. c. 269, § 10(a). He appealed for a jury trial de novo. He also filed a motion to suppress the gun which was taken from him, asserting that the search of his person when the gun was discovered was without his consent.