COMMONWEALTH v. CONNELLY


418 Mass. 37 (1994)

634 N.E.2d 103

COMMONWEALTH vs. DEREK CONNELLY.

Supreme Judicial Court of Massachusetts, Worcester.

June 2, 1994.


Attorney(s) appearing for the Case

Sandra L. Hautanen, Assistant District Attorney, for the Commonwealth.

John J. Russell for the defendant.

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


LYNCH, J.

The Commonwealth appeals from a District Court judge's order dismissing with prejudice three criminal complaints against the defendant. The Appeals Court affirmed the order in an unpublished memorandum pursuant to its rule 1:28, 35 Mass.App.Ct. 1111 (1993). We allowed the Commonwealth's application for further appellate review, and now reverse.

On March 16, 1992, the defendant was arraigned on charges of breaking and entering in the night time with...

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