GRAND JURORS FOR MIDDLESEX CTY FOR YR. 1974 v. WALLACE


369 Mass. 876 (1976)

343 N.E.2d 844

GRAND JURORS FOR MIDDLESEX COUNTY FOR THE YEAR 1974 & another vs. KENDALL WALLACE (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1976.


Attorney(s) appearing for the Case

Alan L. Kovacs, Assistant District Attorney (Bonnie H. MacLeod-Griffin, Assistant District Attorney, with him) for the plaintiffs.

Efthemios J. Bentas for the defendants.

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


HENNESSEY, C.J.

The sole issue in this case is whether the district attorney had power, inherent in his office, to grant a witness in a criminal case transactional and use immunity in exchange for his testimony. We conclude, as did the Superior Court judge whose judgments are here appealed, that the district attorney had no such power.

The facts are as follows. The defendants are reporters for a newspaper, the Lowell...

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