COMMONWEALTH v. BRADY


357 Mass. 213 (1970)

257 N.E.2d 465

COMMONWEALTH vs. GEORGE L. BRADY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1970.


Attorney(s) appearing for the Case

Robert F. Muse for the defendant.

Albert F. Cullen, Jr., & Ruth I. Abrams, Assistant Attorneys General, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.


SPALDING, J.

The defendant is awaiting trial on four indictments. Two indictments (no. 8184 and no. 8185) charge larceny, and two (no. 8186 and no. 8187) charge conspiracy to commit larceny. He filed, by leave of court, a motion to dismiss the indictments on the ground that an unauthorized person was present in the grand jury room during the proceedings which resulted in the indictments. He has appended to the motion his affidavit which, if believed, will show that...

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