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COMMONWEALTH v. GEOGHEGAN

12 Mass. App. Ct. 575 (1981)

427 N.E.2d 941

COMMONWEALTH vs. MARTIN GEOGHEGAN.

Appeals Court of Massachusetts, Norfolk.

November 6, 1981.

Attorney(s) appearing for the Case

Elin H. Graydon (Charles J. Hely, Assistant District Attorney, with her) for the Commonwealth.

Elliot R. Levine for the defendant.

Present: BROWN, DREBEN, & KASS, JJ.

DREBEN, J.

This is an appeal by the Commonwealth from an order dismissing with prejudice a complaint for nonsupport under G.L.c. 273, § 1. The complaint, which was brought in June, 1980, alleged nonsupport of the defendant's wife and children "from October 10, 1974, to the present." After an evidentiary hearing, the judge dismissed the complaint on the ground of excessive delay by the Commonwealth in instituting the complaint. We reverse.

The Commonwealth...

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