State v. Sherrard
State v. Sherrard
Opinion of the Court
On appeal by the State.
This case is before the Law Court in the identical procedural posture as was State v.
We see no useful purpose in a detailed discussion of the fourteen page affidavit, which we have carefully read. Suffice to it say that our recent decisions in Smith, supra, and State v. Loder, Me., 381 A.2d 290 (1978), are dispositive of all issues here raised and require a denial of the State’s appeal.
The entry is:
State’s appeal denied.
Remanded to Superior Court for further proceeding.
DELAHANTY, J., sat at oral argument and conference but did not otherwise participate.
DUFRESNE, A. R. J., sat at oral argument as Chief Justice, but retired prior to the preparation of the opinion. He has joined the opinion as Active Retired Justice.
. The affidavit and request for the search warrant of the defendant’s property in Charlotte, Washington County, was dated July 21, 1975, as was the request we dealt with in Smith. Both affidavits were executed by the same police officer.
Reference
- Full Case Name
- STATE of Maine v. Chester P. SHERRARD
- Status
- Published