Commonwealth v. Moore

*73 The defendant, Eric Moore, was charged with, among other things, using a motor vehicle without authority (use without authority), in violation of G. L. c. 90, § 24(2)( a ). At the arraignment hearing, the defendant orally moved to dismiss the charge of use without authority; the judge allowed the defendant's motion prior to arraignment and proceeded to arraign the defendant on the remaining charges. The Commonwealth filed this timely appeal, arguing that the judge erred in dismissing the use without authority charge for two reasons: first, a complaint against an adult defendant, unlike one…