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COMMONWEALTH v. BRUNELLE

361 Mass. 6 (1972)

277 N.E.2d 826

COMMONWEALTH vs. PIERRE VICTOR BRUNELLE.

Supreme Judicial Court of Massachusetts, Middlesex.

January 13, 1972.

Attorney(s) appearing for the Case

Joseph S. Oteri (Mitchell Benjoya with him) for the defendant.

Terence M. Troyer, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

CUTTER, J.

Brunelle (see Commonwealth v. Brunelle, 341 Mass. 675) was indicted for violation of G.L.c. 272, § 19,1 in using an instrument upon the body of a woman (the young woman) with intent to procure an abortion. On February 26, 1970, a Superior Court judge (the motion judge) denied a substitute motion2 to dismiss the indictment. He heard medical evidence...

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