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STATE v. SMITH

381 A.2d 1117 (1978)

STATE of Maine v. Harry SMITH, Jr.

Supreme Judicial Court of Maine.

January 23, 1978.

Attorney(s) appearing for the Case

Michael D. Seitzinger (orally), Asst. Atty. Gen., Sandra H. Collier, Law Student, Augusta, for plaintiff.

Libhart, Ferris & Dearborn by Wayne P. Libhart (orally), N. Laurence Willey, Jr., Joseph L. Ferris, Brewer, for defendant.

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

ARCHIBALD, Justice.

Acting pursuant to 15 M.R.S.A. § 2115-A(1),1 the State of Maine has appealed from a Superior Court order suppressing evidence prior to trial, which evidence had been seized on a search warrant issued by a District Court Judge.

We deny the appeal.

Before addressing the basic issue we must first direct our attention to a problem raised by defendant's "Motion to Dismiss Appeal" under Rule 39C, M.R...

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