Commonwealth v. Marchionda

In this case the Commonwealth appeals a ruling of a District Court judge dismissing a complaint against the defendant. The case was transferred to this court on our own motion. We conclude that the dismissal was in error. We reverse.

The defendant was found guilty in the Fourth District Court of Eastern Middlesex of indecent exposure and was sentenced. He exercised his right of appeal to a six member jury and the case was scheduled for jury trial on November 20, 1980. At the first call of the case on that day the prosecutor informed the judge that the complaining witness had been summonsed but…