STATE v. PRESTON


411 A.2d 402 (1980)

STATE of Maine v. Dale PRESTON and Wallace Preston.

Supreme Judicial Court of Maine.

February 21, 1980.


Attorney(s) appearing for the Case

Michael Povich, Dist. Atty., Sandra Hylander Collier (orally), Asst. Dist. Atty., Michael D. Seitzinger, Asst. Atty. Gen., Augusta, for plaintiff.

Francis J. Hallissey, Machias (orally), for Dale A.

John A. Mitchell, Calais (orally), for Wallace J.

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


GODFREY, Justice.

The defendants, Dale and Wallace Preston, were jointly indicted for burglary, 17-A M.R.S.A. § 401 (Supp.1979) and theft, 17-A M.R.S.A. § 353 (Supp.1979). The Superior Court, Washington County, granted in part their pretrial motion to suppress certain evidence. The State appeals pursuant to 15 M.R.S.A. § 2115-A (Supp.1965-78) and Rule 37A(d), M.R.Crim.P., contending that certain admissions to the police made by the defendants are not...

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