COMMONWEALTH v. CHASE


11 Mass. App. Ct. 884 (1981)

421 N.E.2d 91

COMMONWEALTH vs. RICHARD N. CHASE.

Appeals Court of Massachusetts, Suffolk.

May 29, 1981.


Attorney(s) appearing for the Case

Kathleen Coffey, Assistant District Attorney, for the Commonwealth.

Phyllis Baumann for the defendant.

Present: HALE, C.J., GRANT, & SMITH, JJ.


GRANT, J.

The Commonwealth has appealed (G.L.c. 278, § 28E, as appearing in St. 1979, c. 344, § 45; Mass. R.Crim.P. 13[c] and 15[a][1], 378 Mass. 872, 882 [1979]) from an order entered by a judge sitting in the jury of six session of the Boston Municipal Court Department which allowed the defendant's pretrial motion to dismiss a complaint charging him with a violation of G.L.c. 273, § 15, as amended through St. 1977, c. 848, § 6.

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