Commonwealth v. Jones

Nolan, J.

(dissenting). I dissent. For the reasons which I expressed in my dissent in Commonwealth v. Smith, 403 Mass. 489, 500 (1988), I dissent in this case because the court has reached an equally preposterous result on similar facts.

I regret that my brother, Justice Wilkins, has deemed it necessary to concur on the ground of consistency, which, as experience teaches, is often the last (and most seductive) refuge for error.