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COMMONWEALTH v. RODRIGUEZ

380 Mass. 643 (1980)

405 N.E.2d 124

COMMONWEALTH vs. REINALDO RIVERA RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Essex.

May 13, 1980.

Attorney(s) appearing for the Case

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Jane Kenworthy Lewis for the defendant.

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

QUIRICO, J.

This is an appeal by the Commonwealth from the ruling of a judge of the Superior Court allowing a motion that an indictment against the defendant be dismissed on the ground that he was denied his constitutional right to a speedy trial. See Mass. R. Crim. P. 15 (b) (1), 378 Mass. 883 (effective July 1, 1979). We conclude that, on the basis of the record before us, the action of the judge, though not required,...

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