Commonwealth v. Hanley

After his trial and conviction in the Waltham District Court on two complaints of assault, the defendant claimed an appeal to a jury of six session, see G. L. c. 218, § 27A (c). Prior to trial in that session, he moved to dismiss the complaints on the ground that the procedure set forth in G. L. c. 276, § 22, had not been followed. The complaints were dismissed and the Commonwealth has appealed under Mass.R.Crim.P. 15(a), 378 Mass. 882 (1979). We reverse.

*502We take the facts from an agreed statement of the proceedings approved by the judge. See Mass.R.App.P. 8(c), as amended, 378 Mass. 933…