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VON UTTER v. TULLOCH

No. 7471.

426 F.2d 1 (1970)

John VON UTTER, Jr., Petitioner, Appellee, v. Donald P. TULLOCH, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Lawrence P. Cohen, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., John Wall, Asst. Atty. Gen., Chief, Criminal Div., Edmund Dinis, Dist. Atty., and Peter B. Gay, Asst. Dist. Atty., were on brief, for appellant.

Mitchell Benjoya, Boston, Mass., with whom Kevin M. Keating and Crane, Inker & Oteri, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Petitioner Von Utter was convicted in Massachusetts Superior Court for possession of narcotics in violation of the narcotics drug laws. The narcotics were seized in a search of his car pursuant to a search warrant issued to a Province-town police officer. Petitioner's motion to suppress the evidence on the ground that the application for the warrant did not allege facts constituting probable cause was denied and his conviction was subsequently...

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