Commonwealth v. Babb

The Commonwealth brought a petition in the Supreme Judicial Court for Suffolk County under G. L.v c. 211, § 3, seeking relief from the action of a judge of a District Court dismissing two complaints charging the defendant with homicide by a motor vehicle. See G. L. c. 90, § 24G, inserted by St. 1976, c. 227. The defendant appeals from an order of a single justice granting relief. We affirm.

This case arises out of a motor vehicle accident which occurred on Pleasant Street in Ware, Massachusetts between 3 p.m. and 4 p.m. on May 2, 1978, when a motor vehicle operated by the defendant went from…