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COMMONWEALTH v. HARVEY

390 Mass. 203 (1983)

454 N.E.2d 105

COMMONWEALTH vs. ROBERT A. HARVEY.

Supreme Judicial Court of Massachusetts, Essex.

September 21, 1983.

Attorney(s) appearing for the Case

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Alan J. Karahalis for the defendant.

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

ABRAMS, J.

The Commonwealth appeals from a determination that a defendant's statement should be suppressed from evidence. Mass. R. Crim. P. 15 (a) (2), 378 Mass. 882 (1979). Conceding that the defendant was in custody and that the police had not informed the defendant of his constitutional rights, see Miranda v. Arizona, 384 U.S. 436 (1966), the Commonwealth claims that the statement was volunteered and, hence, should...

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