COMMONWEALTH v. WALCZAK

SJC-11155.

463 Mass. 808 (2012)

COMMONWEALTH v. JAVON WALCZAK.

Supreme Judicial Court of Massachusetts, Essex.

December 12, 2012.


Attorney(s) appearing for the Case

Catherine Langevin Semel , Assistant District Attorney, for the Commonwealth.

Jonathan Shapiro ( John Cushman with him) for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BY THE COURT.

The Commonwealth appeals from an order of a judge in the Superior Court dismissing an indictment that charged the defendant with murder in the second degree. There was evidence before the grand jury that the defendant, who was sixteen years old at the time of the offense, stabbed the victim, Rene Valdez, in an altercation that began when the victim and an accomplice attempted to rob the defendant. The judge dismissed the indictment on the ground that...

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