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COMMONWEALTH v. DIXON

SJC-10668.

458 Mass. 446 (2010)

COMMONWEALTH v. JERRY DIXON.

Supreme Judicial Court of Massachusetts, Suffolk.

December 9, 2010.

Attorney(s) appearing for the Case

Veronica J. White (Alexandria B. Lynn with her) for the defendant.

John P. Zanini, Assistant District Attorney (Joshua I. Wall, Assistant District Attorney, with him) for the Commonwealth.

Martha Coakley, Attorney General, Pamela L. Hunt, Assistant Attorney General, & James J. Arguin, for the Attorney General & others, amici curiae, submitted a brief.

Janet Hetherwick Pumphrey, Committee for Public Counsel Services, John Reinstein, & Peter S. Krupp, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

A Superior Court judge reported the following question for interlocutory review:2

"Does the statute of limitations set forth in G. L. c. 277, § 63, bar the prosecution of the defendant for the crimes of aggravated rape (G. L. c. 265, § 22 [a]), and rape (G. L. c. 265, § 22 [b]), where the Suffolk County grand jury returned indictments on these charges within the period of the statute of limitations...

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