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COMMONWEALTH v. ZANNINO

17 Mass. App. Ct. 73 (1983)

455 N.E.2d 1221

COMMONWEALTH vs. JOSEPH P. ZANNINO.

Appeals Court of Massachusetts, Suffolk.

November 10, 1983.

Attorney(s) appearing for the Case

Leonard J. Henson, Assistant District Attorney (Paul J. McCallum, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Juliane Balliro for the defendant.

Present: HALE, C.J., CUTTER, & BROWN, JJ.

HALE, C.J.

The Commonwealth appeals (Mass.R.Crim. P. 15[b], 378 Mass. 883 [1979]), from an order of the Superior Court which dismissed one of two indictments pending against the defendant. The Superior Court judge thought dismissal of the indictment was required because it was beyond his power to determine whether a District Court judge exceeded his authority in earlier ordering a complaint charging one of the same...

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