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COMMONWEALTH v. ALVES

No. 06-P-1689.

70 Mass. App. Ct. 908 (2007)

COMMONWEALTH v. Brandon ALVES.

Appeals Court of Massachusetts.

November 28, 2007.

Attorney(s) appearing for the Case

Rachel J. Eisenhaure, Assistant District Attorney, for the Commonwealth.

Stephen B. Swaye for the defendant.

The Commonwealth appeals from the dismissal of an indictment charging the defendant, Brandon Alves, with trafficking cocaine, in violation of G. L. c. 94C, § 32E(b)(2). We agree that the evidence before the grand jury, though perhaps insufficient to support a conviction on the charge under the reasonable doubt standard, was adequate to meet the considerably lower standard of proof required for a grand jury indictment...

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