O'CONNOR, J.
On July 12, 1982, the defendant was indicted for murder in the first degree. In October, 1986, a judge in the Superior Court allowed the defendant's motion to dismiss the indictment. He had concluded that the Commonwealth had failed to bring the defendant to trial within the time required by Mass. R. Crim. P. 36 (b), 378 Mass. 909 (1979). The Commonwealth appealed, and we transferred the case from the
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