COMMONWEALTH v. BALLIRO


385 Mass. 618 (1982)

433 N.E.2d 434

COMMONWEALTH vs. PAUL J. BALLIRO.

Supreme Judicial Court of Massachusetts, Middlesex.

March 24, 1982.


Attorney(s) appearing for the Case

Robert L. Rossi, Assistant District Attorney, for the Commonwealth.

Mark G. Miliotis for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

The Commonwealth appeals from the allowance by a Superior Court judge of a motion to dismiss indictments charging the defendant with motor vehicle homicide; driving under the influence of narcotics, depressants, or stimulant drugs; and driving so as to endanger. The judge allowed the motion on the ground that, because a District Court judge had earlier dismissed substantially the same charges, prosecution of the indictments was barred. We affirm the allowance...

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