Commonwealth v. Goodley

GUARINO, J.,

Defendant is charged with (a) burglary, (b) robbery, (c) rape, and (d) possession of an instrument of a crime. He has filed a motion to suppress which was assigned to be heard at time of trial. A hearing on this motion was held before the undersigned on consecutive dates, April 25 and 26, 1978. The motion to suppress goes to the suppression of physical and identification evidence and a statement. From the evidence, I have adduced the following pertinent facts:

On November 16, 1976, between the hours of 2:30 and 3:00 p.m., Mrs. McMonagle’s residence at 1925 Randolph Street was…