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COMMONWEALTH v. ANDERSON

No. 94-P-233.

38 Mass. App. Ct. 707 (1995)

COMMONWEALTH vs. KENNETH ANDERSON, JR. (and a companion case).

Appeals Court of Massachusetts, Norfolk.

July 12, 1995.

Attorney(s) appearing for the Case

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Ronald W. Rice for Kenneth Anderson, Jr.

Julieann Hernon (Nona E. Walker, Committee for Public Counsel Services, with her) for Donald Pilkington, Jr.

Present: ARMSTRONG, DREBEN, & GREENBERG, JJ.

GREENBERG, J.

A Norfolk County grand jury returned indictments of the defendants charging each of them with a single count of a civil rights violation (G.L.c. 265, § 39) and with the wilful and malicious destruction of property (G.L.c. 266, § 127).2 A motion to dismiss the two indictments charging the civil rights violation was allowed by a Superior Court judge on February 20, 1992. The government

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