State v. Minnehan
Supreme Judicial Court of Maine
On exceptions. After verdict against the defendant, she excepted to the 'instructions of the presiding justice, and which are stated in the opinion. The offense is local by nature, and the description of the place to be searched must be particular, special and specific.
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On exceptions. After verdict against the defendant, she excepted to the 'instructions of the presiding justice, and which are stated in the opinion. The offense is local by nature, and the description of the place to be searched must be particular, special and specific. Const, of Maine, Article 1, § 5; State v. Roach, 74 Maine, 563 ; State v. Kelleher, 81 Id. 346. Description must beso accurate by metes and bounds that officer can find tlie place without reference to what persons he may find in it, or any knowledge he may have outside the complaint and warrant, and legally sufficient to…
1Opinion of the CourtPeters, C. J.
Tin’s is a search and seizure process wherein the premises to be searched are described as follows: "The dwelling-house and its appurtenances occupied by her, said Elizabeth Minnehan, and situated on the east side of Blake Street, in said Lewiston.”
In the trial, evidence was introduced tending to show that the premises searched were those actually occupied by the. defendant as a dwelling-house; that said dwelling-house was east of Blake Street; that said house was not next to Blake Street on its easterly side; but that between said house and said Blake Street was another house, not occupied…
2Cited by13 opinions
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- Huber v. Danning (In Re Thomas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Midlantic National Bank v. Bridge (In re Bridge)Court of Appeals for the Third Circuit · 1994
- Miners Sav. Bk. of Pittston v. Tracy Et Ux.Supreme Court of Pennsylvania · 1937
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