Commonwealth v. Battle

The defendant has been convicted by a jury on separate indictments charging him with unlawful possession with intent to distribute (1) heroin and (2) a derivative of barbituric acid. The assignments of error (G. L. c. 278, § 33D) are addressed to the trial judge’s refusal to strike certain testimony and to suppress certain items of physical evidence obtained in the circumstances hereinafter described.

There was no pre-trial motion to suppress such as is contemplated and (in most cases) required by Rule 101B of the Superior Court (as amended effective June 1, 1971). The first day of trial was…