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COMMONWEALTH v. SPAULDING

411 Mass. 503 (1992)

583 N.E.2d 1257

COMMONWEALTH vs. ARTHUR W. SPAULDING.

Supreme Judicial Court of Massachusetts, Suffolk.

January 2, 1992.

Attorney(s) appearing for the Case

Paul G. Kolesnikovas for the defendant.

Mark D. Zanini, Assistant District Attorney (Daniel F. Conley, Assistant District Attorney, with him) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

The defendant, Arthur W. Spaulding, was indicted by a grand jury in January, 1986, on charges of aggravated rape and armed robbery, and he was arraigned on those indictments in March, 1986. When, by June, 1988, he had not yet been tried on the charges, he filed a motion to dismiss them on the ground that he had not been brought to trial within twelve months of his arraignment as required by Mass. R. Crim. P. 36 (b) (1), 378 Mass. 909 (1979), and on

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