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COMMONWEALTH v. CASO

377 Mass. 236 (1979)

385 N.E.2d 979

COMMONWEALTH vs. MICHAEL CASO & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1979.

Attorney(s) appearing for the Case

Roger A. Emanuelson, Special Assistant District Attorney, for the Commonwealth.

Jeffrey Moxon (Willie J. Davis with him) for the defendants.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

QUIRICO, J.

After being convicted of conspiracy to commit larceny and conspiracy to utter and publish forged instruments, the defendants were granted a new trial, with the agreement of the Commonwealth, when it was discovered that the wiretap warrant which had uncovered much of the evidence that led to their convictions was illegal. Prior to their retrial, the defendants moved to suppress all the evidence obtained as a result...

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