Fuller v. Commonwealth

The plaintiff, Anthony Fuller (hereinafter called the defendant), was charged in March, 1982, with the offense of nonsupport of an illegitimate child under G. L. c. 273, § 15. He was convicted in October, 1982, and appealed for a trial de nova to a six person jury session. He waived his right to a jury. Prior to trial, the judge advised the assistant district attorney that he was inclined to dismiss the case without prejudice and to allow the Commonwealth to return to the District Court where the defendant was originally found guilty in order to proceed under G. L. c. 273, § 12, for an…