KASS, J.
Peter Murphy did not come to trial until 812 days after his arraignment for assault and battery by means of a dangerous weapon, a charge of which he was convicted by a jury. His claim of error on appeal is that he was entitled to allowance of his motion to dismiss the indictment against him on the ground that, in violation of Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), he was not brought to trial within twelve months of "the return day in the court...
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