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CHARLES C. v. COMMONWEALTH

415 Mass. 58 (1993)

612 N.E.2d 229

CHARLES C., a juvenile, vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 20, 1993.

Attorney(s) appearing for the Case

John H. LaChance (Milly A. Whatley with him) for the juvenile.

Cynthia A. Vincent, Assistant District Attorney, for the Commonwealth.

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

GREANEY, J.

At issue in this case are the portions of St. 1991, c. 488, § 3, which amended G.L.c. 119, § 61, the statute concerning the disposition of certain juvenile matters, to read as follows:

"If the offense alleged [against a child who is fourteen years or older] is murder in the first or second degree, the commonwealth may proceed by filing a complaint in juvenile court or in a juvenile session of a district court, as the case may be, or...

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