COMMONWEALTH v. COTE


386 Mass. 354 (1982)

435 N.E.2d 1047

COMMONWEALTH vs. JOSEPH M. COTE, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

June 1, 1982.


Attorney(s) appearing for the Case

Francis X. Spina, Assistant District Attorney, for the Commonwealth.

Edward J. Spence, III, for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


ABRAMS, J.

The Commonwealth appeals from a Superior Court judge's order suppressing some physical evidence and all statements made by Joseph M. Cote, Jr., because of pre-arraignment delay of approximately four hours. Relying on Brewer v. Williams, 430 U.S. 387 (1977), and Massiah v. United States, 377 U.S. 201 (1964), the motion judge...

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