COMMONWEALTH v. BARNES


20 Mass. App. Ct. 748 (1985)

482 N.E.2d 865

COMMONWEALTH vs. JAMES BARNES.

Appeals Court of Massachusetts, Suffolk.

September 11, 1985.


Attorney(s) appearing for the Case

Marcy Cass, Assistant District Attorney, for the Commonwealth.

Isaac Prager for the defendant.

Present: GREANEY, C.J., CUTTER, & DREBEN, JJ.


DREBEN, J.

This is an appeal by the Commonwealth, pursuant to Mass.R.Crim.P. 15(a) (2), 378 Mass. 882 (1979), from the allowance of the defendant's motion to suppress evidence. We conclude that the evidence should not have been suppressed.

We take our findings from the very meagre account given by the motion judge, supplemented by evidence elicited from the police officer who was the only witness at the hearing...

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