Commonwealth v. Thomas

Thomas was found guilty by a Superior Court judge, sitting without a jury (after Thomas’s waiver of jury trial) on indictments charging him with (a) unlawful possession of heroin, G. L. c. 94, § 212, and (b) possession of heroin with intent to sell, G. L. c. 94, § 212A. Prior to trial Thomas filed a motion to suppress evidence and a “motion for appropriate relief,” each supported by an affidavit. These motions were denied. The case is before us on Thomas’s bill of exceptions, which set forth evidence which would warrant the judge in making the following findings.

Detective Currier, a Boston…