Rosenberg v. Commonwealth

The petitioner (hereinafter called the defendant), by a petition filed in the county court, seeks relief under G. L. c. 211, § 3, the statute concerned with the general superintendence power of this court. A single justice of this court reserved and reported the matter without decision to the full court.

The only issue argued before us, and as to which the defendant seeks relief, relates to the order of a judge of the Superior Court, by which the judge vacated a previous order of his which had dismissed a complaint and an indictment against the defendant.

The defendant was tried and convicted…