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COMMONWEALTH v. NELSON

No. 88-P-212.

26 Mass. App. Ct. 794 (1989)

536 N.E.2d 1094

COMMONWEALTH vs. KENNETH NELSON (and fourteen companion cases).

Appeals Court of Massachusetts, Suffolk.

January 23, 1989.

Attorney(s) appearing for the Case

Sharon B. Soffer, Assistant District Attorney, for the Commonwealth.

Brian F. Gilligan for the defendants.

Present: GREANEY, C.J., ARMSTRONG, & WARNER, JJ.

WARNER, J.

This is the Commonwealth's appeal from the dismissal before trial by a Superior Court judge of certain indictments charging the defendants with drug and firearm offenses. See Mass.R.Crim.P. 15(b)(1), 378 Mass. 883 (1979); G.L.c. 278, § 28E; Commonwealth v. Friend, 393 Mass. 310, 311-314 (1984). The dismissals were based on the Commonwealth's failure, on order of another Superior Court judge, to disclose...

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