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COMMONWEALTH v. DIXON

SJC-10668.

458 Mass. 446 (2010)

COMMONWEALTH v. JERRY DIXON.

Supreme Judicial Court of Massachusetts, Suffolk.

December 9, 2010.

Attorney(s) appearing for the Case

Veronica J. White ( Alexandria B. Lynn with her) for the defendant.

John P. Zanini , Assistant District Attorney ( Joshua I. Wall , Assistant District Attorney, with him) for the Commonwealth.

Martha Coakley , Attorney General, Pamela L. Hunt , Assistant Attorney General, & James J. Arguin , for the Attorney General & others, amici curiae, submitted a brief.

Janet Hetherwick Pumphrey , Committee for Public Counsel Services, John Reinstein , & Peter S. Krupp , for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

A Superior Court judge reported the following question for interlocutory review:2

"Does the statute of limitations set forth in G. L. c. 277, § 63, bar the prosecution of the defendant for the crimes of aggravated rape (G. L. c. 265, § 22 [a]), and rape (G. L. c. 265, § 22 [b]), where the Suffolk County grand jury returned indictments on these charges within the period of the statute of limitations...

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