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COMMONWEALTH v. PELLEGRINI

414 Mass. 402 (1993)

608 N.E.2d 717

COMMONWEALTH vs. JOSEPHINE K. PELLEGRINI.

Supreme Judicial Court of Massachusetts, Plymouth.

February 26, 1993.

Attorney(s) appearing for the Case

Geline W. Williams, Assistant District Attorney, for the Commonwealth.

Malcolm Joel Barach for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

LYNCH, J.

At issue in this case is whether the pretrial dismissal, over the Commonwealth's objection, of a grand jury indictment, violated art. 30 of the Massachusetts Declaration of Rights.1 The indictment charged the defendant with possession of cocaine, in violation of G.L.c. 94C, § 34 (1990 ed.).2 The judge allowed the defendant's motion to dismiss, ruling...

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