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COMMONWEALTH v. CHENEY

440 Mass. 568 (2003)

COMMONWEALTH vs. MICHAEL CHENEY.

Supreme Judicial Court of Massachusetts, Middlesex.

December 15, 2003.

Attorney(s) appearing for the Case

Katharine B. Folger, Assistant District Attorney, for the Commonwealth.

Carlo A. Obligato for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

CORDY, J.

This case requires us to decide a question left open in Commonwealth v. Brandano, 359 Mass. 332 (1971) (Brandano), whether art. 30 of the Declaration of Rights of the Massachusetts Constitution permits a judge (prior to verdict, finding, or plea) to dismiss a legally adequate criminal indictment in the "interests of public justice" over the Commonwealth's objection. We conclude that it does not.

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