COMMONWEALTH v. WALLACE

No. 06-P-672.

70 Mass. App. Ct. 757 (2007)

COMMONWEALTH v. BRIAN J. WALLACE.

Appeals Court of Massachusetts, Barnstable.

November 29, 2007.


Attorney(s) appearing for the Case

Russell J. Redgate for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, COWIN, & MILLS, JJ.


PERRETTA, J.

On appeal from his conviction by a District Court jury on a complaint charging him with indecent assault and battery on a child under fourteen years of age, see G. L. c. 265, § 13B, the defendant claims that evidence was illegally seized from his motor vehicle and thereafter put before the jury notwithstanding the fact that its potential for prejudice far outweighed its probative value. We conclude that the defendant consented to the search of his...

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