Opinion
Argued December 10, 1969
Decided January 21, 1970
Informations, in two counts, charging the defendants with the crimes of breaking and entering and theft, brought to the Superior Court in Middlesex County and tried to the jury before Armentano, J.; verdicts and judgments of guilty on both counts and appeals by the defendants. Error; new trial.
James W. Marshall, with whom, on the brief, was Fred H. White, special public defender, for the appellants (defendants).
Peter W. Gillies, special assistant state's attorney, for the appellee (state).
A decisive issue on these appeals is the legality of the search of an automobile and the seizure of liquor discovered during the search. The court failed to make a finding as to the facts on which it based its conclusion that the search and the seizure were valid. The record is therefore inadequate for a determination of the legality of the search and seizure.