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COMMONWEALTH v. POPE

15 Mass. App. Ct. 505 (1983)

446 N.E.2d 741

COMMONWEALTH vs. JOSEPH POPE.

Appeals Court of Massachusetts, Suffolk.

March 23, 1983.

Attorney(s) appearing for the Case

John Salsberg for the defendant.

Linda M. Poulos, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, GREANEY, & WARNER, JJ.

WARNER, J.

The defendant appeals from a conviction by a jury on a complaint charging him with breaking and entering in the daytime with intent to commit a felony.1 He assigns as error the denial of his motion to suppress certain physical evidence and statements, the refusal to rule on his motion to suppress statements, the denial of his motion for a required finding of not guilty, and the instruction given to the jury on the theory of...

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