COMMONWEALTH v. DUNIGAN


384 Mass. 1 (1981)

422 N.E.2d 1358

COMMONWEALTH vs. PAUL H. DUNIGAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 1981.


Attorney(s) appearing for the Case

James W. Sahakian, Assistant District Attorney, for the Commonwealth.

Efthemios J. Bentas (Regina L. Quinlan with him) for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, & NOLAN, JJ.


HENNESSEY, C.J.

The primary question to be decided is whether and under what circumstances the Commonwealth can appeal the determination by a single justice of this court that the administration of justice would not be facilitated by allowing the interlocutory appeal of an order suppressing evidence in a criminal proceeding. We conclude that, in the circumstances shown here, there is no right of appeal by the Commonwealth under the terms of the controlling statute...

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