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eBook details

• Title: Commonwealth v. Edward Donoghue
• Author : Appeals Court of Massachusetts
• Release Date : January 07, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

A warrantless entry into an apartment by police officers at one o'clock in the morning and the seizure of certain items in plain view was justified by exigent circumstances where the police had probable cause to believe that the apartment was occupied by an armed and dangerous person who a short while earlier had committed an unusually brutal assault, where the occupant had failed to respond to an officer's calls and knocks at the door of the apartment, and where it was reasonable for the officers to conclude that obtaining a warrant from a magistrate who was on call would take a considerable length of time and that telephoning the landlord to acquire a passkey would take less time and would avoid an armed and forcible entry. [107-109] On appeal from a mayhem conviction there was no merit to the defendant's contention that the indictment was defective in failing to allege that the defendant's assault disfigured or inflicted serious or permanent physical injury on the victim, where the indictment specified the date of the crime, asserted that the defendant did slash and cut the face of the victim, indicated that the maiming was accomplished by means of a dangerous weapon, to wit, a knife, stated that the defendant performed the act with malicious intent to maim and disfigure, and made explicit reference to violation of G.L. c. 265, § 14. [109-111]

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