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COMMONWEALTH v. LENT

420 Mass. 764 (1995)

COMMONWEALTH vs. LEWIS S. LENT, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

July 17, 1995.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services (Richard D. LeBlanc & Alan Rubin, Committee for Public Counsel Services, with her) for the defendant.

Gerard D. Downing, District Attorney (David F. Capeless, Assistant District Attorney, with him) for the Commonwealth.

Scott Harshbarger, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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

WILKINS, J.

We consider whether the Commonwealth may properly indict and try the defendant Lent for the 1990 murder of a young boy whom Lent kidnapped in Pittsfield, took to western New York State, and then killed. We conclude that the Commonwealth has authority to indict and try Lent for murder, and, therefore, a Superior Court judge properly denied Lent's motion to dismiss the murder indictment.

Pursuant to Mass...

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