Commonwealth v. Lewin (No. 2)

This is the Commonwealth’s appeal from an order of the Superior Court judge assigned the trial of this first-degree murder case. The order allowed the defendant’s pretrial motion to exclude from evidence in the trial a statement allegedly made by him to two Suffolk County court officers. A single justice of this court allowed the Commonwealth’s request for an interlocutory appeal in view of the other appeals from various orders pertaining to the case which were already pending here. See Mass. R. A. P. 15 (c), 365 Mass. 859 (1974).

The facts found by the judge are as follows. The defendant was…