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COMMONWEALTH v. BRUSGULIS

398 Mass. 325 (1986)

496 N.E.2d 652

COMMONWEALTH vs. RICHARD BRUSGULIS.

Supreme Judicial Court of Massachusetts, Middlesex.

August 25, 1986.

Attorney(s) appearing for the Case

Margot Botsford, Assistant District Attorney, for the Commonwealth.

Paul A. D'Agostino for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

ABRAMS, J.

Pursuant to G.L.c. 278, § 28E (1984 ed.),1 the Commonwealth appeals from an order of a judge in the Superior Court allowing the defendant's motions to dismiss two indictments with prejudice after a jury trial had begun. The indictments charged the defendant with rape of a child under sixteen and indecent assault and battery of a child under fourteen. G.L.c. 265, § §...

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