Commonwealth v. Pietrass

This is an interlocutory appeal pursuant to Mass. R. Crim. P. 15 (b) (2), 378 Mass. 882 (1979), from the denial of the defendant’s motion to suppress certain evidence. We remand the case to the Superior Court for further findings.

The defendant was indicted in December, 1982, by the County of Dukes County grand jury for burglary and assault, aggravated rape, indecent assault and battery, unnatural and lascivious acts, and possession of a dangerous weapon. After an evidentiary hearing, a Superior Court judge denied the motion to suppress. The defendant sought leave to appeal this denial. After…