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COMMONWEALTH v. RAPOSA

386 Mass. 666 (1982)

437 N.E.2d 215

COMMONWEALTH vs. KENNETH RAPOSA (and companion cases).

Supreme Judicial Court of Massachusetts, Bristol.

June 30, 1982.

Attorney(s) appearing for the Case

William F. Long, Jr., for the defendants.

Raymond P. Veary, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.

NOLAN, J.

In this case we are asked to determine whether, subsequent to enactment of the Court Reorganization Act (St. 1978, c. 478), a district attorney may properly seek indictments in the Superior Court and subsequently nol pros complaints of identical charges in a District Court which has concurrent trial jurisdiction of the charges. We hold that, at least in the circumstances of this case, the district attorney did...

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