ABRAMS, J.
The Commonwealth sought relief from a single justice of this court pursuant to G. L. c. 211, § 3, from an order of a Superior Court judge dismissing without prejudice the indictment against the defendant, Willie Jenkins, and ordering his immediate release. The single justice denied the Commonwealth's petition and the Commonwealth appeals from this judgment. We now affirm the judgment of the single justice.
1. We recite the undisputed facts...
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