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COMMONWEALTH v. GIBBONS

378 Mass. 766 (1979)

393 N.E.2d 400

COMMONWEALTH vs. JAMES H. GIBBONS.

Supreme Judicial Court of Massachusetts, Middlesex.

August 16, 1979.

Attorney(s) appearing for the Case

Robert M. Raciti, Legal Assistant to the District Attorney, for the Commonwealth.

Arnold R. Rosenfeld for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

ABRAMS, J.

We transferred the case to this court on our own motion to consider the Commonwealth's assertion that a judge of the Superior Court abused his discretion in ordering a complainant in a rape case to submit to an examination conducted by a psychiatrist selected by the defendant James Gibbons. See G.L.c. 123, § 19.1 After the complainant refused to submit to such an examination, the judge dismissed the indictment pending against...

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