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A JUVENILE v. COMMONWEALTH (NO. 1)

380 Mass. 552 (1980)

405 N.E.2d 143

A JUVENILE vs. COMMONWEALTH (No. 1) & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1980.

Attorney(s) appearing for the Case

Brook K. Baker (Clyde D. Bergstresser with him) for the plaintiff.

Daniel C. Mullane, Assistant District Attorney, for the Commonwealth.

Roberta Thomas Brown, Assistant Attorney General, for the Superior Court.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

KAPLAN, J.

A juvenile, as petitioner, on July 2, 1979, applied to a single justice of this court to use the court's supervisory powers, G.L.c. 211, § 3, to stay his trial in the Superior Court, county of Suffolk, set to begin that day, on charges of raping a child under the age of sixteen (G.L. c. 265, § 22A). He contended that the trial would be unlawful and ultimately futile because of certain infirmities in...

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