COMMONWEALTH v. BEALS


405 Mass. 550 (1989)

541 N.E.2d 1011

COMMONWEALTH vs. MARIA BEALS.

Supreme Judicial Court of Massachusetts, Essex.

August 8, 1989.


Attorney(s) appearing for the Case

Nancy Benotti for the defendant.

Joseph B. Green, Assistant District Attorney (Margaret J. Perry, Assistant District Attorney, with him) for the Commonwealth.

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


ABRAMS, J.

The defendant, Maria Beals, is charged with kidnapping her two sons and taking them out of Massachusetts, a felony under G.L.c. 265, § 26A (1988 ed.). A judge in the District Court, acting in accord with Mass. R. Crim. P. 34, 378 Mass. 905 (1979), reported a question concerning the applicability of G.L.c. 265, § 26A, to the facts of the case before him.1 The essence of the judge's question is whether

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