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COMMONWEALTH v. CRONK

396 Mass. 194 (1985)

484 N.E.2d 1330

COMMONWEALTH vs. CALVIN P. CRONK.

Supreme Judicial Court of Massachusetts, Plymouth.

November 12, 1985.

Attorney(s) appearing for the Case

Mary Ellen O'Sullivan, Assistant District Attorney, for the Commonwealth.

Alvin Jack Sims for the defendant.

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

HENNESSEY, C.J.

In this case a District Court judge ordered that a criminal complaint be dismissed with prejudice because of the Commonwealth's failure to comply with discovery orders. Subsequently the judge entered a second order that the dismissal order be vacated. We conclude that, because the Commonwealth's appeal of the District Court judge's order was entered in the Appeals Court1 prior to the judge's second

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