Commonwealth v. Daly

Under Mass.R.Crim.P. 4(b), 378 Mass. 849 (1979), a complaint may be subscribed to by “the arresting officer, the police chief, or any police officer within the jurisdiction of a crime, a prosecutor, or a private person.” It is the position of the defendant that the procedures which govern the crime of threatening (G. L. c. 275, §§ 2 through 6) are distinct and require that the person who subscribes to the complaint be either the object of the threat or one who witnessed the threat. A District Court judge adopted that position and, upon motion, dismissed the complaint. The Commonwealth has…