Department of Revenue v. Sorrentino

In this G. L. c. 209C (1988 ed.) action, a District Court judge found the defendant to be the father of a child born out of wedlock, and ordered the payment of child support. The defendant appealed to the Appeals Court. See Department of Revenue v. Jarvenpaa, 404 Mass. 177, 180-181 (1989). We transferred the appeal to this court on our own initiative, and now hold that the defendant is entitled to a retrial in the District Court.

Before this civil action under G. L. c. 209C was begun, a criminal complaint against the defendant had been issued under G. L. c. 273, § 12 (1984 ed.), alleging…