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COMMONWEALTH v. PERKINS

SJC-10979.

464 Mass. 92 (2013)

COMMONWEALTH v. LAVONRENCE PERKINS.

Supreme Judicial Court of Massachusetts, Suffolk.

January 14, 2013.

Attorney(s) appearing for the Case

Peter B. Krupp ( E. Page Wilkins with him) for the defendant.

John P. Zanini , Assistant District Attorney, for the Commonwealth.

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

BOTSFORD, J.

This case raises the question whether a defendant who is charged initially by complaint with murder in the first degree is entitled to a preliminary or probable cause hearing in the District Court1 pursuant to the provisions of G. L. c. 276, § 38 (§ 38), and, if so, when the probable cause hearing described in § 38 must be held.2 We conclude...

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