State v. Nerney

The defendant stands charged with aiding and assisting in the recording of a bet on a game of skill (baseball) — a violation of G. L. 1956, §11-19-14. This appeal has been initiated by the state. It is before us on its exception to the granting by a justice of the Superior Court of the defendant’s pretrial motion to suppress certain evidence obtained as the result of a search warrant issued by a justice of the then Sixth District Court.

The single issue .to be resolved is whether the affidavit presented by the police in support of their request for the search warrant complies with the basic…