STATE v. LEE

No. 6235.

113 N.H. 313 (1973)

STATE OF NEW HAMPSHIRE v. JAMES T. LEE

Supreme Court of New Hampshire.

June 29, 1973.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, Thomas D. Rath, attorney, and David W. Hess, assistant attorney general (Mr. Rath and Mr. Hess orally), for the State.

Devine, Millimet, McDonough, Stahl & Branch and David Woodbury (Mr. Woodbury orally), for the defendant.


LAMPRON, J.

Motion to suppress evidence, marijuana, obtained by the police from a suitcase taken from the trunk of defendant's automobile on July 27, 1970, near the Hampton toll booth of the New Hampshire turnpike. The seizure was incident to a warrantless arrest for drug law violations. RSA ch. 318-B (Supp. 1972). The motion was denied after hearing by Morris, J. who reserved and transferred defendant's exceptions in advance of trial.

The issues presented...

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