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COMMONWEALTH v. GUZMAN

446 Mass. 344 (2006)

COMMONWEALTH v. VICTOR M. GUZMAN; ATTORNEY GENERAL, intervener.

Supreme Judicial Court of Massachusetts, Middlesex.

March 29, 2006.

Attorney(s) appearing for the Case

Christopher W. Spring, Assistant District Attorney (Loretta M. Lillios, Assistant District Attorney, with him) for the Commonwealth.

Joseph W. Monahan, III, for the defendant.

Daniel I. Smulow, Assistant Attorney General, for the intervener.

Nona E. Walker, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

IRELAND, J.

A Cambridge District Court judge dismissed a criminal complaint against the defendant for assault and battery on his wife, based on her execution of an accord and satisfaction. G. L. c. 276, § 55. The Commonwealth appealed, arguing, in essence, that the statute violates the separation of powers pursuant to art. 30 of the Massachusetts Declaration of Rights and violates public policy. We transferred the case to this court on

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