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COMMONWEALTH v. RODRIGUEZ

376 Mass. 632 (1978)

380 N.E.2d 1318

COMMONWEALTH vs. JOSE RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Norfolk.

November 15, 1978.

Attorney(s) appearing for the Case

Eric D. Blumenson for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

On September 28, 1976, the defendant Jose Rodriguez, then sixteen years of age, was complained of as being delinquent, in that on September 27 he had (in a single episode) committed the crimes of rape and assault and battery with a dangerous weapon. After a hearing in the Juvenile Session, Municipal Court of Brookline, the judge ordered the juvenile complaints dismissed and adult complaints to be issued.1 The prosecution then...

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