Commonwealth v. Nydam

These are eight various complaints framed under the provisions of G. L. c. 140, § 68, and G. L. c. 266, §§ 28, 60 and 139. The defendant was found guilty on all the complaints following a bench trial in a District Court and appealed to the appropriate jury of six session for a trial de nova. In that session he filed (1) a motion to suppress certain evidence procured pursuant to an allegedly invalid series of search warrants and (2) a motion to dismiss all the complaints on the ground (among others) of failure to preserve the evidence in the manner required by G. L. c. 276, §§ 2 and 3. Neither…