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FAHY V. CONNECTICUT, 375 U. S. 85 (1963)

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U.S. Supreme Court

Fahy v. Connecticut, 375 U.S. 85 (1963)

Fahy v. Connecticut

No. 19

Argued October 16, 1963

Decided December 2, 1963

375 U.S. 85


Petitioner waived trial by jury and was convicted in a Connecticut State Court of willfully injuring a public building by painting swastikas on a synagogue. At his trial, a can of paint and a paint brush were admitted in evidence over his objection. On appeal, the Supreme Court of Errors held that the paint and brush had been obtained by means of an illegal search and seizure, and that, therefore, the trial court erred in admitting them in evidence, but that their admission was a harmless error, and it affirmed the conviction.

Held: On the record in this case, the erroneous admission of this illegally obtained evidence was prejudicial to petitioner; it cannot be called harmless error; and the conviction is reversed. Pp. 375 U. S. 85-92.

149 Conn. 577, 183 A.2d 256, reversed.

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