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STATE v. TURNER

394 A.2d 798 (1978)

STATE of Maine v. Arnold TURNER.

Supreme Judicial Court of Maine.

December 4, 1978.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Gary F. Thorne (orally), Margaret J. Kravchuk, R. Christopher Almy, Asst. Dist. Attys., Bangor, for plaintiff.

Kollman & Tarbell by Swift Tarbell, III (orally), William C. Kollman, Bangor, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, DELAHANTY, GODFREY and NICHOLS, JJ.

GODFREY, Justice.

Indicted for burglary under 17-A M.R. S.A. § 401 (Supp.1978), defendant-appellee Arnold Turner moved for the suppression of evidence. From an order granting the motion to suppress, the State appeals pursuant to 15 M.R.S.A. § 2115-A (Supp.1965-1978).

Testimony at the suppression hearing would have warranted the presiding justice in finding the following facts: Walter Nachum reported a burglary...

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