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COMMONWEALTH v. CABRAL

443 Mass. 171 (2005)

COMMONWEALTH v. RYAN J. CABRAL (and thirty-six companion cases).

Supreme Judicial Court of Massachusetts, Bristol.

January 4, 2005.

Attorney(s) appearing for the Case

Alison R. Bancroft, Assistant District Attorney, for the Commonwealth.

Carlo A. Obligato, Committee for Public Counsel Services (John L. Holgerson, Committee for Public Counsel Services, with him) for the defendants.

Present: MARSHALL., C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

We granted the defendants' application for direct appellate review of two questions a Superior Court judge reported to the Appeals Court2 in connection with his reconsideration of his earlier decision denying the defendants' motions to dismiss the indictments:

1. Whether the defendants, either acting as a Massachusetts surety posting bail for a principal or acting as agents for that surety, may raise as an affirmative...

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