COMMONWEALTH v. DIAS


402 Mass. 645 (1988)

524 N.E.2d 846

COMMONWEALTH vs. GILBERT DIAS.

Supreme Judicial Court of Massachusetts, Bristol.

June 20, 1988.


Attorney(s) appearing for the Case

Dana A. Curhan, Assistant District Attorney (Elspeth B. Cypher, Assistant District Attorney, with him) for the Commonwealth.

Armand Fernandes, Jr., for the defendant.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH & O'CONNOR, JJ.


LYNCH, J.

The Commonwealth appeals from that part of an order of a Superior Court judge granting the defendant's motion for a new trial on the ground that the Commonwealth failed to comply with an order of the arraignment judge that, pursuant to G.L.c. 123, § 15 (a) (1986 ed.), the defendant be examined to determine competency to stand trial. The defendant appeals from so much of the order as fails to dismiss...

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