Commonwealth v. Perry

The Commonwealth appealed from the allowance by a judge in the Superior Court of the defendant’s motion to dismiss indictments charging manslaughter and illegal possession of a hypodermic needle. The Appeals Court vacated the order, 34 Mass. App. Ct. 127 (1993), and we granted the defendant’s application for further appellate review. See G. L. c. 211 A, *1004§ 11 (1992 ed.). We vacate the order allowing the motion to dismiss essentially for the same reasons advanced by the Appeals Court. However, we add a note. In Commonwealth v. Catalina, 407 Mass. 779, 790-791 (1990), on which both the…