The defendant did not file a brief in the Appeals Court. A panel of that court considered the record and the Commonwealth's brief and, pursuant to rule 1:28 of that court (as amended, 6 Mass. App. Ct. 982), without oral argument, ordered that the judgment be affirmed without opinion. Commonwealth v. Lane's Furniture Co., 6 Mass. App. Ct. 977 (1978). We granted the Commonwealth's request for further appellate review.