STATE v. COMEAU

No. 6850.

114 N.H. 431 (1974)

STATE OF NEW HAMPSHIRE v. RICHARD W. COMEAU.

Supreme Court of New Hampshire.

June 28, 1974.


Attorney(s) appearing for the Case

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

Stebbins & Bradley and Daniel J. Connolly (Mr. Connolly orally) for the defendant.


KENISON, C.J.

The primary issue in this case is whether a police officer's affidavit on which a search warrant was issued contained sufficient facts to establish the constitutional requirement of probable cause. A further issue is whether the State met its burden of proof that the defendant had custody of certain marijuana plants in violation of RSA 318-B:26 I (b) (2) (Supp. 1972) (Laws 1969, 421:1). A criminal complaint was filed against the defendant alleging that...

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