COMMONWEALTH v. GRIMSHAW


413 Mass. 73 (1992)

595 N.E.2d 302

COMMONWEALTH vs. ERIC W. GRIMSHAW.

Supreme Judicial Court of Massachusetts, Middlesex.

July 9, 1992.


Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services (Lillian Salcines, Committee for Public Counsel Services, with her) for the defendant.

Marc A. Eichler, Special Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The defendant appeals from an order of a District Court judge denying the defendant's motion to suppress physical evidence. At issue is whether a search conducted on December 20, 1990, at 8:50 P.M., pursuant to a warrant authorizing only a daytime search, was invalid and, if so, whether the seized evidence should therefore be suppressed.

Following a District Court bench trial on January 29, 1991, the defendant was convicted of possession with intent...

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