Ackerman v. Commonwealth

John Ackerman appeals from a judgment of a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. We affirm.

On November 6, 2003, the District Court issued a criminal complaint alleging that Ackerman committed aggravated rape on November 8, 1988. Two months later, on January 7, 2004, Ackerman was indicted for the offense. Ackerman moved to dismiss the indictment, claiming that, while the original complaint had been timely, the indictment was barred by the fifteen-year statute of limitations. See G. L. c. 277, § 63. A judge in the Superior Court denied the…