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COMMONWEALTH v. JEREZ

390 Mass. 456 (1983)

457 N.E.2d 1105

COMMONWEALTH vs. RAFAEL JEREZ.

Supreme Judicial Court of Massachusetts, Suffolk.

November 17, 1983.

Attorney(s) appearing for the Case

Margaret Steen Melville, Assistant District Attorney, for the Commonwealth.

Brian W. LeClair for the defendant.

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

HENNESSEY, C.J.

A judge in the Municipal Court of the City of Boston allowed the motion of the defendant, Rafael Jerez, to dismiss the complaint against him charging assault and battery upon a police officer. G.L.c. 265, § 13D. The judge ruled that Jerez was immune from prosecution under art. 43 of the Vienna Convention on Consular Relations and Optional Protocol on Disputes, April 24, 1963, 21 U.S.T. 77, T.I.A.S. No. 6820 (Vienna Convention),

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