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eBook details

• Title: Commonwealth v. George D. Taylor
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

A warrant which authorized the search of a jewelry store for certain items of antique jewelry described on a six-page list,
which had accompanied the affidavit in support of the warrant, was invalid as insufficiently specific where, although the
warrant referred to the list, the list was not attached to the warrant and there was no evidence that the list was tendered
with the warrant or was present during the search at the store [274-279]; once the defendant had established that the list
was not attached to the warrant when the executing officer received it, the Commonwealth had the burden of going forward with
evidence that the officer had possession of the list at the search [279-282]. Although the evidence at a criminal trial would have been insufficient to warrant a conviction had certain evidence not been
erroneously admitted, retrial of the defendant was not automatically barred where it was not clear that the Commonwealth would
be unable to make its proof without reference to that evidence. [283-285]

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