Legal Opinion

Commonwealth v. Rasnake

Norfolk County Circuit Court

Decided December 14, 1978No. Case No. F-78-2051Published

1Opinion of the Court

By JUDGE EDWARD L. RYAN, JR.

This matter came on before the court on defendant’s (1) motion to dismiss indictment pursuant to Rule 3A:12; (2) motion for bill of particulars; and (3) motion for discovery of all exculpatory material and information and for discovery and inspection. The motion to dismiss may be treated under the following headings.

Error in Citation of Statutes In the Indictments

At hearing, the Assistant Commonwealth’s Attorney explained that the Code sections cited in the indictment were those in existence at the time of the alleged commission of the offenses.

In any event, under…

2Cases cited27 opinions

  1. United States Ex Rel. Touhy v. RagenSupreme Court of the United States · 1951
  2. Boske v. ComingoreSupreme Court of the United States · 1900
  3. In Re WaltreusCalifornia Supreme Court · 1965
  4. The People v. HartgravesIllinois Supreme Court · 1964
  5. State v. AubuchonSupreme Court of Missouri · 1964

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