Commonwealth v. Holmes

The defendant was convicted of the of-fence of assault and battery upon one Carter by means of a dangerous weapon, in this case a knife. G. L. (Ter. Ed.) c. 265, § 15A. This crime was a felony. G. L. (Ter. Ed.) c. 274, § 1. The case was made subject to G. L. c. 278, §§ 33A-33G. The defendant appealed, and filed an assignment of errors.

1. Assignments 3,4, and 5 are based upon the admission in evidence of the knife which, it is asserted, was obtained as the result of an illegal search and seizure by two police officers of the city of Lynn which was made at the defendant’s house on October 15,…