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COMMONWEALTH v. PETERSON

445 Mass. 782 (2006)

COMMONWEALTH v. STERLING L. PETERSON.

Supreme Judicial Court of Massachusetts, Berkshire.

January 17, 2006.

Attorney(s) appearing for the Case

Beth L. Eisenberg, Committee for Public Counsel Services, for the defendant.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

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

CORDY, J.

A jury convicted Sterling L. Peterson of two counts of attempting to burn a building. G. L. c. 266, § 5A. On appeal, he claims that (1) his trial was invalid because the Commonwealth proceeded against him by way of complaint despite the fact that he never executed a written waiver of his right to indictment, and (2) the trial judge erred in denying a motion to suppress his confession. We affirm the convictions.

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