Commonwealth v. Buckley

238 N.E.2d 335 (1968)

Facts

Police went to an apartment with a search warrant. Banks, 'occupant and tenant of the premises,' opened the door. One of the officers went into the kitchen. D was seated at the kitchen table on which was a brown envelope, which contain marijuana, and a partly smoked, unlighted cigarette, also found later to contain marijuana. D was arrested. D claimed he had 'arrived a few minutes before the police.' D was indicted under a law that made it illegal to be present where a narcotic drug was illegally kept or deposited. D moved for dismissal of the indictment 'because the charge is unconstitutionally vague and indefinite, and because it inflicts cruel and unusual punishment.' This motion and a motion for a directed verdict of not guilty were denied. This appeal resulted.