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COMMONWEALTH v. HINTERLEITNER

391 Mass. 679 (1984)

464 N.E.2d 46

COMMONWEALTH vs. ANDREAS HINTERLEITNER (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

April 17, 1984.

Attorney(s) appearing for the Case

John M. Russell, Jr., for George L. Abbott, Jr.

David M. Skeels for Andreas Hinterleitner.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

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

O'CONNOR, J.

The defendants, Andreas Hinterleitner and George L. Abbott, Jr., were indicted on February 10, 1982, for the armed robbery of Edward Munsey and Elizabeth Rice on January 25, 1982. Thereafter, the defendant Hinterleitner moved to dismiss the indictment in two counts against him on the ground that the assistant district attorney's decision to nol pros the case in a District Court on February 9, 1982, denied him...

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