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COMMONWEALTH v. O'DELL

392 Mass. 445 (1984)

466 N.E.2d 828

COMMONWEALTH vs. JAMES O'DELL, JR.

Supreme Judicial Court of Massachusetts, Essex.

July 11, 1984.

Attorney(s) appearing for the Case

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Francis T. Mayo for the defendant.

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

O'CONNOR, J.

The defendant was indicted for the armed robbery of a convenience store in the city of Salem. The indictment was dismissed by a judge of the Superior Court. On appeal by the Commonwealth, the Appeals Court reversed. We allowed the defendant's application for further appellate review. We affirm the order of the Superior Court.

The indictment was dismissed pursuant to a motion of the defendant which asserted that the evidence before the grand

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