Commonwealth v. Merritt

This case is before us on the Commonwealth’s interlocutory appeal from the decision of a judge of the Boston Municipal Court, which allowed the defendant’s motion to suppress oral statements made to a Boston police officer following an automobile accident. G. L. c. 278, § 28E, as appearing in St. 1979, c. 344, § 45. Mass.R. Crim.P. 15(a)(2), 378 Mass. 882-883 (1979). After an evidentiary hearing, the judge made findings of fact from which she concluded, insofar as material to this appeal, that statements made by the defendant that he had been driving the automobile that struck a pedestrian,…