State v. Conti

This case is before us on the state’s exception to a ruling by a justice of the Superior Court granting a motion to suppress.

The sole issue raised by the state is whether the Superior Court is bound by a ruling of the District Court granting a motion to suppress.

We refer briefly to the pertinent facts. The defendant was charged with unlawful possession of cannabis (marijuana) on March 19, 1970. The defendant moved to suppress the evidence and, after a hearing on such motion, a judge of the District Court, Third Division, granted the motion. The prosecutor thereupon moved to dismiss the…