Commonwealth v. Pope

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. 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 joint venture. We affirm the judgment.

1. The motions to suppress. Prior to trial the defendant filed a motion to suppress, alleging that as a result of an illegal search by…