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COMMONWEALTH v. DUSTIN

373 Mass. 612 (1977)

368 N.E.2d 1388

COMMONWEALTH vs. DANIEL L. DUSTIN.

Supreme Judicial Court of Massachusetts, Hampden.

November 7, 1977.

Attorney(s) appearing for the Case

L. Jeffrey Meehan, Special Assistant District Attorney, for the Commonwealth.

William K. Danaher, Jr. (John F. St. Clair with him) for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

The defendant was indicted for murder in the first degree and for assault and battery with a dangerous weapon. A judge of the Superior Court allowed his motion to suppress statements made by him to a police officer while in custody, and a single justice of this court allowed an interlocutory appeal to this court by the Commonwealth pursuant to G.L.c. 278, § 28E. We uphold the judge's ruling that the defendant did not make the voluntary

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