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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