Commonwealth v. Atkinson

The defendant appeals from convictions on two counts of indecent assault and battery on a child under fourteen. G. L. c. 265, § 13B. The sole issue raised on appeal alleges error in the denial of the defendant’s motion to dismiss the indictments. The thrust of the defendant’s argument is that after the defendant had given notice of an alibi defense, the prosecutor violated the defendant’s constitutional rights by entering a nolle prosequi to the original indictments and securing the return of new indictments which alleged an expanded time frame for the offenses, thus rendering the purported…