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COMMONWEALTH v. DOWNS

No. 91-P-113.

31 Mass. App. Ct. 467 (1991)

579 N.E.2d 679

COMMONWEALTH vs. JOHN DOWNS.

Appeals Court of Massachusetts, Barnstable.

October 15, 1991.

Attorney(s) appearing for the Case

Julia K. Vermynck, Assistant District Attorney, for the Commonwealth.

Present: KASS, FINE, & GILLERMAN, JJ.

KASS, J.

A pretrial motion to suppress inculpatory statements of the defendant was improperly allowed by a judge of the District Court. Upon the Commonwealth's interlocutory appeal, authorized by a single justice of the Supreme Judicial Court under Mass.R.Crim.P. 15(b), as amended, 397 Mass. 1225 (1986), we vacate the suppression of those statements.

Two Barnstable police officers responded at 8:50 P.M. on...

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