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COMMONWEALTH v. PERRY P., A JUVENILE

418 Mass. 808 (1994)

641 N.E.2d 1313

COMMONWEALTH vs. PERRY P., A JUVENILE.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 1994.

Attorney(s) appearing for the Case

Juliane Balliro for the juvenile.

Katherine E. McMahon, Assistant District Attorney (John P. Zanini, Assistant District Attorney, with her) for the Commonwealth.

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

WILKINS, J.

We conclude that a juvenile charged in a complaint with being delinquent by reason of murder is entitled to an indictment proceeding unless the juvenile waives indictment. We conclude further that the juvenile in this proceeding had not waived that right when he raised the issue for the first time in a motion to dismiss filed at the conclusion of the Commonwealth's presentation of evidence. We discuss briefly...

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