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COMMONWEALTH v. WILLIAMS

431 Mass. 71 (2000)

COMMONWEALTH v. CLYDE WILLIAMS.

Supreme Judicial Court of Massachusetts, Hampden.

March 16, 2000.

Attorney(s) appearing for the Case

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

James Hammerschmith, Committee for Public Counsel Services, for the defendant.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

GREANEY, J.

A judge in the Superior Court dismissed an indictment charging the defendant, as a second or subsequent offender, with unlawful possession of marijuana with intent to distribute, G. L. c. 94C, § 32C (b). The judge ordered dismissal on the ground of collateral estoppel because a previous indictment for the same offense had been dismissed on motion of the Commonwealth, after the defendant's motion to suppress the

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