Commonwealth v. Farris

The defendant filed a motion to dismiss his indictments on June 16, 1982, claiming that he had not been brought to trial within the time required by Mass. R. Crim. P. 36, 378 Mass. 909 (1979). A hearing commenced twenty days later on July 6, 1982, and was continued to the following day. On July 7, 1982, a judge in the Superior Court allowed the motion and dismissed the indictments under Mass. R. Crim. P. 36 (b) (1) (D). The Commonwealth filed a timely notice of appeal, and we granted its application for direct appellate review. We vacate the order dismissing the indictments and remand the…