Commonwealth v. Geoghegan

This is an appeal by the Commonwealth from an order dismissing with prejudice a complaint for nonsupport under G. L. c. 273, § 1. The complaint, which was brought in June, 1980, alleged nonsupport of the defendant’s wife and children “from October 10, 1974, to the present.” After an evidentiary hearing, the judge dismissed the complaint on the ground of excessive delay by the Commonwealth in instituting the complaint. We reverse.

The Commonwealth first argues that the judge erred in considering the motion to dismiss because the defendant failed to file a written motion and an affidavit as…