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STATE v. KELLY

376 A.2d 840 (1977)

STATE of Maine v. Michael KELLY.

Supreme Judicial Court of Maine.

July 21, 1977.

Attorney(s) appearing for the Case

Thomas E. Delahanty, II, Dist. Atty., Herbert Bunker, Jr., Deputy Dist. Atty., Auburn, for plaintiff.

Thomas M. Mangan, Lewiston, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD and GODFREY, JJ.

WERNICK, Justice.

An indictment returned June 29, 1976 charged that on May 21, 1976 defendant Michael Kelly committed the crime of "burglary" (17-A M.R.S.A. § 401) at the Montello School in Lewiston as well as the crime of "theft" from the school of assorted hand and power tools (17-A M.R.S.A. § 353). Pursuant to 15 M.R.S.A. § 2115-A, the State asks this Court to review a pre-trial ruling of a Justice of the Superior Court (Androscoggin County) suppressing...

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