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COMMONWEALTH v. BRITT

362 Mass. 325 (1972)

285 N.E.2d 780

COMMONWEALTH vs. SAMUEL BRITT. (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

July 14, 1972.

Attorney(s) appearing for the Case

Wallace W. Sherwood for the defendants.

Alvan Brody for the Commonwealth.

Richard K. Donahue & Lloyd L. Weinreb, for the Massachusetts Bar Association, amicus curiae, submitted a brief.

L. Scott Harshbarger, for Lawyers' Committee for Civil Rights Under Law; Melvyn H. Zarr, for Massachusetts Law Reform Institute; Reuben Goodman, for Massachusetts Defenders Committee; Matthew H. Feinberg, for Civil Liberties Union of Massachusetts; and Robert L. Spangenberg, for Boston Legal Assistance Project, amici curiae, joined in a brief.

John M. Mullen, amicus curiae, submitted a memorandum.

Edward T. Crossen & Louis M. Nordlinger, Assistant District Attorneys, submitted a memorandum.

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

BRAUCHER, J.

These cases are before us on an interlocutory report under the provisions of G.L.c. 278, § 30A, inserted by St. 1954, c. 528. There was a hearing below on the defendants' motions to dismiss the indictments. The judge reported the following two questions: "(a) Is the Commonwealth required by the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, and, Articles XI and XII of the Declaration of Rights...

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