COMMONWEALTH v. RUIZ


426 Mass. 391 (1998)

COMMONWEALTH v. DAVID RUIZ, JR.

Supreme Judicial Court of Massachusetts, Hampden.

January 7, 1998.


Attorney(s) appearing for the Case

James M. Wodarski, Assistant District Attorney, for the Commonwealth

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

The Superior Court judge allowed a motion to dismiss the defendant's indictment for armed home invasion under G. L. c. 265, § 18C. We transferred the Commonwealth's appeal to this court on our own motion. The Commonwealth contends that § 18C applies to a case such as this, where a defendant armed himself after entering a home. As the statute applies only where a defendant is armed at the time of entry, we affirm the dismissal of the indictment...

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