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COMMONWEALTH v. A JUVENILE (NO. 1)

409 Mass. 49 (1991)

564 N.E.2d 574

COMMONWEALTH vs. A JUVENILE (No. 1).

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1991.

Attorney(s) appearing for the Case

Adrienne C. Lynch, Assistant District Attorney (Rosemary D. Mellor, Assistant District Attorney, with her) for the Commonwealth.

Eileen D. Agnes (Anthony J. DeMarco with her) for the juvenile.

Anthony J. DeMarco, for Children's Law Center of Massachusetts, amicus curiae, submitted a brief.

Anthony M. Traini, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

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

O'CONNOR, J.

The juvenile was complained of as being delinquent by reason of murder. Subsequently, a judge of the District Court conducted an evidentiary hearing pursuant to G.L.c. 119, § 61 (1988 ed.), to determine whether the juvenile should be retained in the juvenile justice system or, instead, the delinquency complaint should be dismissed, a criminal complaint should issue, and the juvenile should be bound over...

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