RESCRIPT
The Commonwealth appeals from a judgment of a single justice of this court denying its petition pursuant to G. L. c. 211, § 3. We affirm.
Background. The defendant was indicted for possession with intent to distribute heroin, in violation of G. L. c. 94C, § 32 (a), and for possession with intent to distribute heroin, subsequent offense, in violation of G. L. c. 94C, § 32 (b). The charges resulted from the execution...
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