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COMMONWEALTH v. PLANTIER

22 Mass. App. Ct. 314 (1986)

493 N.E.2d 534

COMMONWEALTH vs. ANTHONY PLANTIER.

Appeals Court of Massachusetts, Berkshire.

June 5, 1986.

Attorney(s) appearing for the Case

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Paul W. Cormier, for the defendant, submitted a brief.

Present: GREANEY, C.J., DREBEN, & FINE, JJ.

DREBEN, J.

This is an appeal by the Commonwealth from the allowance of the defendant's motion to dismiss brought under Mass.R.Crim.P. 36(c), 378 Mass. 912 (1979), set out in the margin.1

We take the procedural history of the case from the docket entries, the uncontroverted affidavits and the transcripts of April 17, April 24, and June 11, 1985. The defendant, a teacher, was charged...

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