STATE v. BURNS


306 A.2d 8 (1973)

STATE of Maine v. Timothy W. BURNS.

Supreme Judicial Court of Maine.

June 12, 1973.


Attorney(s) appearing for the Case

Donald H. Marden, Asst. County Atty., Augusta, for plaintiff.

Tom Brand, Limington, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


WEBBER, Justice.

This case comes to us on appeal from a conviction for possession of marijuana. Jury trial was waived below. The single issue presented for our consideration is whether defendant's motion to suppress certain evidence was properly denied. We hold that the motion to suppress should have been granted in part and denied in part, and that the judgment must be set aside since we cannot determine from the record whether or not the Justice below may have relied...

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